People v. McGoldrick

Appellate Division of the Supreme Court of New York

People v. McGoldrick

283 A.D. 948, 130 N.Y.S.2d 177, 1954 N.Y. App. Div. LEXIS 5894

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

DecidedMay 3, 1954

StatusPublished

This text of 283 A.D. 948 (People v. McGoldrick) 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. McGoldrick, 283 A.D. 948, 130 N.Y.S.2d 177, 1954 N.Y. App. Div. LEXIS 5894 (N.Y. Ct. App. 1954).

Pincite

Opinion

Judgment of the County Court, Rings County, convicting appellant of the crime of manslaughter in the second degree, as a second felony offender, reversed on the law and the facts and a new trial ordered. In reviewing the evidence for the jury, the trial court characterized certain evidence as “ some speculation ” when the fact is that such evidence had been agreed upon by stipulation. Under the wording of the indictment, there was no error in failing to charge the jury with respect to assault in the first degree. (People v. Santoro, 229 H. Y. 277.) Assault in the second degree might have been charged upon suitable request which would include an assumption that it was found that the act complained of was not the cause of death. The new trial is granted in the interests of justice. Ho separate appeal Res from the intermediate orders, which have been reviewed on the appeal from the judgment of conviction. Adel, Wenzel and Schmidt, JJ., concur; Holán, P. J., and Beldoek, J., dissent and vote to affirm. [See post, p. 1059; 284 App. Div. 978.]

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment of the County Court, Rings County, convicting appellant of the crime of manslaughter in the second degree, as a second felony offender, reversed on the law and the facts and a new trial ordered. In reviewing the evidence for the jury, the trial court characterized certain evidence as “ some speculation ” when the fact is that such evidence had been agreed upon by stipulation. Under the wording of the indictment, there was no error in failing to charge the jury with respect to assault in the first degree. (People v. Santoro, 229 H. Y. 277.) Assault in the second degree might have been charged upon suitable request which would include an assumption that it was found that the act complained of was not the cause of death. The new trial is granted in the interests of justice. Ho separate appeal Res from the intermediate orders, which have been reviewed on the appeal from the judgment of conviction. Adel, Wenzel and Schmidt, JJ., concur; Holán, P. J., and Beldoek, J., dissent and vote to affirm. [See post, p. 1059; 284 App. Div. 978.]

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D. 948, 130 N.Y.S.2d 177, 1954 N.Y. App. Div. LEXIS 5894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcgoldrick-nyappdiv-1954.