People v. Young

Appellate Division of the Supreme Court of New York

People v. Young

25 A.D.2d 935, 270 N.Y.S.2d 516, 1966 N.Y. App. Div. LEXIS 4265

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

DecidedMay 12, 1966

StatusPublished

Cited by1 cases

This text of 25 A.D.2d 935 (People v. Young) 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. Young, 25 A.D.2d 935, 270 N.Y.S.2d 516, 1966 N.Y. App. Div. LEXIS 4265 (N.Y. Ct. App. 1966).

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Opinion

Judgment unanimously reversed on the law and facts and indictment dismissed. Memorandum: Defendant had been charged with assault in the third degree resulting from an altercation which occurred on premises in which he lived. After certain proceedings were held in the Court of Special Sessions defendant was adjudged not guilty and the ease was dismissed upon the ground that he acted in self-defense with cause and provocation. Thereafter the victim who participated in the altercation died and defendant was indicted for manslaughter in the first degree and two counts of assault in the second degree. Before trial the court dismissed the assault counts on the ground of double jeopardy. Upon the trial of the manslaughter charge the jury rendered a verdict of guilty of manslaughter in the second degree. We conclude that the record does not support beyond a reasonable doubt the finding implicit in the jury’s verdict that defendant’s act was not justifiable. (See Shorter v. People, 2 N. Y. 193.) In the light of this conclusion we do not reach the question whether defendant was placed in double jeopardy by being required to stand trial for manslaughter. (Appeal from judgment of Orleans County Court convicting defendant of manslaughter, second degree.)

Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Judgment unanimously reversed on the law and facts and indictment dismissed. Memorandum: Defendant had been charged with assault in the third degree resulting from an altercation which occurred on premises in which he lived. After certain proceedings were held in the Court of Special Sessions defendant was adjudged not guilty and the ease was dismissed upon the ground that he acted in self-defense with cause and provocation. Thereafter the victim who participated in the altercation died and defendant was indicted for manslaughter in the first degree and two counts of assault in the second degree. Before trial the court dismissed the assault counts on the ground of double jeopardy. Upon the trial of the manslaughter charge the jury rendered a verdict of guilty of manslaughter in the second degree. We conclude that the record does not support beyond a reasonable doubt the finding implicit in the jury’s verdict that defendant’s act was not justifiable. (See Shorter v. People, 2 N. Y. 193.) In the light of this conclusion we do not reach the question whether defendant was placed in double jeopardy by being required to stand trial for manslaughter. (Appeal from judgment of Orleans County Court convicting defendant of manslaughter, second degree.)

Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 935, 270 N.Y.S.2d 516, 1966 N.Y. App. Div. LEXIS 4265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-young-nyappdiv-1966.

Opinion

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