After a group of onlookers supposedly taunted him for losing a street fight, Luis Ramos left the area, grabbed a pistol, and returned to fire six shots into the crowd--killing a man.
Although a Kings County Supreme Court jury acquitted him of murder, Ramos was ultimately found him guilty of manslaughter, and the Appellate Division, Second Department, affirmed that outcome.
When the case reached our state's highest court, the New York State Court of Appeals agreed that the conviction had been based on legally sufficient evidence. It noted that manslaughter requires an intention to inflict "serious physical injury" and since it was clear that Ramos wanted to cause harm when he sprayed the crowd with gunfire, his whole appeal ... was riddled with holes.
To view a copy of the Court of Appeals's decision, please use this link: People v. Ramos