People v. Merkel

Appellate Division of the Supreme Court of New York

People v. Merkel

154 A.D.2d 907, 546 N.Y.S.2d 59, 1989 N.Y. App. Div. LEXIS 12883

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

DecidedOctober 6, 1989

StatusPublished

This text of 154 A.D.2d 907 (People v. Merkel) 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. Merkel, 154 A.D.2d 907, 546 N.Y.S.2d 59, 1989 N.Y. App. Div. LEXIS 12883 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously reversed on the law and new trial granted. Memorandum: The judgment convicting defendant of intentional murder in the second degree and depraved mind murder in the second degree arising out of the same incident must be reversed because the court refused to charge the two counts in the alternative (see, People v Gallagher, 69 NY2d 525). The issue was preserved for appellate review because defense counsel objected to the court’s charge in this regard and, after the verdict was rendered and before the jury was discharged, he asked the court to have the jury reconsider its verdict because it was repugnant.

We have reviewed defendant’s contentions that the statement defendant gave to the police and the statement he gave to the witness, Puccio, should have been suppressed and we find them to be without merit. We see no reason to disturb the suppression court’s findings that defendant was read his Miranda rights and knowingly and voluntarily waived them, and that defendant was not so intoxicated that he did not understand his rights. We also agree with the suppression court’s finding that Puccio was not an agent of the police. (Appeal from judgment of Supreme Court, Monroe County, Mark, J.— murder, second degree.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.

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

Judgment unanimously reversed on the law and new trial granted. Memorandum: The judgment convicting defendant of intentional murder in the second degree and depraved mind murder in the second degree arising out of the same incident must be reversed because the court refused to charge the two counts in the alternative (see, People v Gallagher, 69 NY2d 525). The issue was preserved for appellate review because defense counsel objected to the court’s charge in this regard and, after the verdict was rendered and before the jury was discharged, he asked the court to have the jury reconsider its verdict because it was repugnant.

We have reviewed defendant’s contentions that the statement defendant gave to the police and the statement he gave to the witness, Puccio, should have been suppressed and we find them to be without merit. We see no reason to disturb the suppression court’s findings that defendant was read his Miranda rights and knowingly and voluntarily waived them, and that defendant was not so intoxicated that he did not understand his rights. We also agree with the suppression court’s finding that Puccio was not an agent of the police. (Appeal from judgment of Supreme Court, Monroe County, Mark, J.— murder, second degree.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

154 A.D.2d 907, 546 N.Y.S.2d 59, 1989 N.Y. App. Div. LEXIS 12883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-merkel-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack