Appellate Division of the Supreme Court of the State of New York November 3, 2011 (People v. Nesbitt)

lead-opinion

Defendant and the victim, his roommate, became involved in an argument. According to witness testimony, after the victim removed himself from the apartment, defendant stated, “I’m going to show these little N-how we do it . . . I’m from Brooklyn” and repeatedly asked where his “blade” was. Defendant then approached the victim from behind in the hallway and placed him in a chokehold.