People v. Evans

Appellate Division of the Supreme Court of New York

People v. Evans

79 A.D.2d 1033, 436 N.Y.S.2d 1005, 1981 N.Y. App. Div. LEXIS 9950

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 1981

StatusPublished

This text of 79 A.D.2d 1033 (People v. Evans) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Evans, 79 A.D.2d 1033, 436 N.Y.S.2d 1005, 1981 N.Y. App. Div. LEXIS 9950 (N.Y. Ct. App. 1981).

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Opinion

Appeal by the People from an order of the Supreme Court, Queens County, made April 26,1979, which, upon defendant’s motion to set aside a jury verdict convicting him of manslaughter in the second degree, reduced the conviction to one of criminally negligent homicide, and appeal by defendant from a judgment of the same court, rendered April 26, 1979, upon the verdict as reduced. Order and judgment reversed, on the law, defendant’s motion is denied, the jury’s verdict finding defendant guilty of manslaughter in the second degree is reinstated, and the case is remitted to Criminal Term for resentence. The evidence at trial was sufficient to support the jury’s verdict adjudging defendant guilty of manslaughter in the second degree. We have reviewed defendant’s assertions of error and find them to be without merit. Damiani, J. P., Gibbons, Rabin and Thompson, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Queens County, made April 26,1979, which, upon defendant’s motion to set aside a jury verdict convicting him of manslaughter in the second degree, reduced the conviction to one of criminally negligent homicide, and appeal by defendant from a judgment of the same court, rendered April 26, 1979, upon the verdict as reduced. Order and judgment reversed, on the law, defendant’s motion is denied, the jury’s verdict finding defendant guilty of manslaughter in the second degree is reinstated, and the case is remitted to Criminal Term for resentence. The evidence at trial was sufficient to support the jury’s verdict adjudging defendant guilty of manslaughter in the second degree. We have reviewed defendant’s assertions of error and find them to be without merit. Damiani, J. P., Gibbons, Rabin and Thompson, JJ., concur.

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Bluebook (online)

79 A.D.2d 1033, 436 N.Y.S.2d 1005, 1981 N.Y. App. Div. LEXIS 9950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-evans-nyappdiv-1981.