People v. Jardin

Appellate Division of the Supreme Court of New York

People v. Jardin

61 A.D.2d 759, 402 N.Y.S.2d 7, 1978 N.Y. App. Div. LEXIS 10154

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

DecidedFebruary 16, 1978

StatusPublished

This text of 61 A.D.2d 759 (People v. Jardin) 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. Jardin, 61 A.D.2d 759, 402 N.Y.S.2d 7, 1978 N.Y. App. Div. LEXIS 10154 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, rendered December 2, 1975, unanimously modified, on the law, to the extent of [760]*760reversing the conviction on the count of murder, second degree, and the case remanded to Trial Term, Bronx County, for a new trial on that count and otherwise affirmed. There is no doubt from this record that, after some vacillation and change of position, defendant-appellant’s counsel as well as the prosecutor both requested the court to charge manslaughter, first degree, as a lesser included count. The circumstances of the fatal shooting of a motorist involved in a postcollision fistfight with defendant were such as to permit of a reasonable view of the evidence to the effect that defendant’s intent in shooting was not to kill, but to injure. Defendant was entitled to the benefit of this instruction, and it was error to refuse it. (See CPL 300.50 [subd 2].) Concur—Evans, J. P., Fein, Lane, Markewich and Yesawich, JJ.

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Judgment, Supreme Court, Bronx County, rendered December 2, 1975, unanimously modified, on the law, to the extent of [760]*760reversing the conviction on the count of murder, second degree, and the case remanded to Trial Term, Bronx County, for a new trial on that count and otherwise affirmed. There is no doubt from this record that, after some vacillation and change of position, defendant-appellant’s counsel as well as the prosecutor both requested the court to charge manslaughter, first degree, as a lesser included count. The circumstances of the fatal shooting of a motorist involved in a postcollision fistfight with defendant were such as to permit of a reasonable view of the evidence to the effect that defendant’s intent in shooting was not to kill, but to injure. Defendant was entitled to the benefit of this instruction, and it was error to refuse it. (See CPL 300.50 [subd 2].) Concur—Evans, J. P., Fein, Lane, Markewich and Yesawich, JJ.

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Bluebook (online)

61 A.D.2d 759, 402 N.Y.S.2d 7, 1978 N.Y. App. Div. LEXIS 10154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jardin-nyappdiv-1978.