People v. Zabala

Appellate Division of the Supreme Court of New York

People v. Zabala

57 A.D.2d 910, 394 N.Y.S.2d 289, 1977 N.Y. App. Div. LEXIS 12150

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

DecidedMay 16, 1977

StatusPublished

This text of 57 A.D.2d 910 (People v. Zabala) 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. Zabala, 57 A.D.2d 910, 394 N.Y.S.2d 289, 1977 N.Y. App. Div. LEXIS 12150 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 1, 1975, convicting him of criminally negligent homicide, upon his plea of guilty, and imposing sentence. Judgment affirmed. The indictment charged defendant with the crime of manslaughter in the first degree. He was permitted to plead guilty to criminally negligent homicide. The plea minutes indicate that the defendant engaged in an altercation with the victim and that, while the victim was on [911]*911the floor, continued punching him, notwithstanding the fact that the fight had terminated. The appellant has a prior felony conviction and, had he been convicted of a higher degree of crime, would have faced a lengthy prison term. By pleading guilty to criminally negligent homicide he not only admitted his guilt, but minimized his term of imprisonment. Martuscello, • J. P., Latham, Shapiro and O’Connor, JJ., concur.

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

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 1, 1975, convicting him of criminally negligent homicide, upon his plea of guilty, and imposing sentence. Judgment affirmed. The indictment charged defendant with the crime of manslaughter in the first degree. He was permitted to plead guilty to criminally negligent homicide. The plea minutes indicate that the defendant engaged in an altercation with the victim and that, while the victim was on [911]*911the floor, continued punching him, notwithstanding the fact that the fight had terminated. The appellant has a prior felony conviction and, had he been convicted of a higher degree of crime, would have faced a lengthy prison term. By pleading guilty to criminally negligent homicide he not only admitted his guilt, but minimized his term of imprisonment. Martuscello, • J. P., Latham, Shapiro and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 910, 394 N.Y.S.2d 289, 1977 N.Y. App. Div. LEXIS 12150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zabala-nyappdiv-1977.