People v. Trammell

Appellate Division of the Supreme Court of New York

People v. Trammell

39 A.D.2d 607, 330 N.Y.S.2d 942, 1972 N.Y. App. Div. LEXIS 4826

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

DecidedApril 20, 1972

StatusPublished

This text of 39 A.D.2d 607 (People v. Trammell) 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. Trammell, 39 A.D.2d 607, 330 N.Y.S.2d 942, 1972 N.Y. App. Div. LEXIS 4826 (N.Y. Ct. App. 1972).

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Opinion

Appeal from a judgment of the County Court of Ulster County, rendered upon a jury verdict convicting defendant of the crime of manslaughter in the first degree. The only serious questions raised upon this [608]*608appeal are whether the trial court committed reversible error in (1) refusing to require the People to elect between counts of the indictments, one charging intentional murder (Penal Law, § 125.25, subd. 1) and one charging reckless murder (Penal Law, § 125.25, subd. 2) on a motion made by defendant pursuant to section 279-a of the Code of Criminal Procedure; and (2) whether or not the trial court erred in finding by clear and convincing proof that the witness Sharnet’s identification of the defendant had an independent basis and was not tainted by an improper line-up. The trial court submitted only the first count of intentional murder to the jury and we find no error in its denial of the motion to compel the People to elect which count to pursue during the trial. Considering the total circumstances of the case, we see no basis for disturbing its finding with respect to the admissibility of Sharnet’s identification of the defendant. Judgment affirmed. Staley, Jr., J. P., Greenblott, Sweeney, Simons and Kane, JJ., concur.

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Appeal from a judgment of the County Court of Ulster County, rendered upon a jury verdict convicting defendant of the crime of manslaughter in the first degree. The only serious questions raised upon this [608]*608appeal are whether the trial court committed reversible error in (1) refusing to require the People to elect between counts of the indictments, one charging intentional murder (Penal Law, § 125.25, subd. 1) and one charging reckless murder (Penal Law, § 125.25, subd. 2) on a motion made by defendant pursuant to section 279-a of the Code of Criminal Procedure; and (2) whether or not the trial court erred in finding by clear and convincing proof that the witness Sharnet’s identification of the defendant had an independent basis and was not tainted by an improper line-up. The trial court submitted only the first count of intentional murder to the jury and we find no error in its denial of the motion to compel the People to elect which count to pursue during the trial. Considering the total circumstances of the case, we see no basis for disturbing its finding with respect to the admissibility of Sharnet’s identification of the defendant. Judgment affirmed. Staley, Jr., J. P., Greenblott, Sweeney, Simons and Kane, JJ., concur.

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Bluebook (online)

39 A.D.2d 607, 330 N.Y.S.2d 942, 1972 N.Y. App. Div. LEXIS 4826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-trammell-nyappdiv-1972.