People v. Yannarilli

Appellate Division of the Supreme Court of New York

People v. Yannarilli

46 A.D.2d 829, 361 N.Y.S.2d 81, 1974 N.Y. App. Div. LEXIS 3582

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

DecidedNovember 21, 1974

StatusPublished

This text of 46 A.D.2d 829 (People v. Yannarilli) 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. Yannarilli, 46 A.D.2d 829, 361 N.Y.S.2d 81, 1974 N.Y. App. Div. LEXIS 3582 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal from a judgment of the County Court of Chemung County, rendered November 5, 1973, upon a verdict convicting the defendant of the crime of manslaughter in the second degree, and appeal by the People from an order, entered April 30, 1974, which granted defendant’s motion to dismiss the third count of the indictment charging sodomy in the first degree. The defendant had been indicted for two counts of murder. We have examined in detail the points and issues raised by the defendant in his brief and we find them to be without merit. We have likewise examined the point raised by the District Attorney that the sodomy charge in the indictment should not have been dismissed by the trial court. We find this contention to be without merit. We have examined the entire record in detail and, while the testimony in most instances was circumstantial, there were factual issues for the jury’s determination. In our opinion, the defendant had a fair and impartial trial and there were no errors so egregious as to require a new trial. Judgment and order affirmed. Herlihy, P. J., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Appeal from a judgment of the County Court of Chemung County, rendered November 5, 1973, upon a verdict convicting the defendant of the crime of manslaughter in the second degree, and appeal by the People from an order, entered April 30, 1974, which granted defendant’s motion to dismiss the third count of the indictment charging sodomy in the first degree. The defendant had been indicted for two counts of murder. We have examined in detail the points and issues raised by the defendant in his brief and we find them to be without merit. We have likewise examined the point raised by the District Attorney that the sodomy charge in the indictment should not have been dismissed by the trial court. We find this contention to be without merit. We have examined the entire record in detail and, while the testimony in most instances was circumstantial, there were factual issues for the jury’s determination. In our opinion, the defendant had a fair and impartial trial and there were no errors so egregious as to require a new trial. Judgment and order affirmed. Herlihy, P. J., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Bluebook (online)

46 A.D.2d 829, 361 N.Y.S.2d 81, 1974 N.Y. App. Div. LEXIS 3582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-yannarilli-nyappdiv-1974.