People v. Martinez

Appellate Division of the Supreme Court of New York

People v. Martinez

47 A.D.2d 863, 366 N.Y.S.2d 188, 1975 N.Y. App. Div. LEXIS 9218

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

DecidedMarch 31, 1975

StatusPublished

This text of 47 A.D.2d 863 (People v. Martinez) 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. Martinez, 47 A.D.2d 863, 366 N.Y.S.2d 188, 1975 N.Y. App. Div. LEXIS 9218 (N.Y. Ct. App. 1975).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 22,1972, convicting [864]*864him of manslaughter in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was charged with murder. Despite his attorney’s timely request for a charge to the jury on the elements of criminally negligent homicide, the jury was instructed to consider only the crimes of murder and manslaughter in the second degree. Upon the facts of this case, a jury could find defendant guilty of criminally negligent homicide and acquit him of any higher degree of homicide. Accordingly, it was error for the trial court to refuse defense counsel’s request (CPL 300.50, subds. 1, 2; People v Usher, 39 AD2d 459, affd 34 NY2d 600). Hopkins, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 22,1972, convicting [864]*864him of manslaughter in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was charged with murder. Despite his attorney’s timely request for a charge to the jury on the elements of criminally negligent homicide, the jury was instructed to consider only the crimes of murder and manslaughter in the second degree. Upon the facts of this case, a jury could find defendant guilty of criminally negligent homicide and acquit him of any higher degree of homicide. Accordingly, it was error for the trial court to refuse defense counsel’s request (CPL 300.50, subds. 1, 2; People v Usher, 39 AD2d 459, affd 34 NY2d 600). Hopkins, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Bluebook (online)

47 A.D.2d 863, 366 N.Y.S.2d 188, 1975 N.Y. App. Div. LEXIS 9218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martinez-nyappdiv-1975.

Opinion

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