People v. Zipfel

Appellate Division of the Supreme Court of New York

People v. Zipfel

51 A.D.2d 979, 380 N.Y.S.2d 710, 1976 N.Y. App. Div. LEXIS 11716

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1976·Published·Cited by 4 cases

Opinion

Appeal by the People from an order of the Supreme Court, Kings County, entered December 9, 1974, which granted defendant’s motion to set aside a jury verdict convicting him of manslaughter in the second degree, and dismissed the indictment. Order reversed, on the law, the indictment and jury verdict are reinstated; and the case is remanded to Criminal Term for further proceedings not inconsistent herewith. On a motion to set aside the verdict of a jury, the defendant bears the burden of establishing grounds on which the conviction, if appealed from, would have to be reversed as a matter of law (CPL 330.30, subd 1; 330.40, subd 2, par [g]). On this record it was entirely proper for the trial court to submit the charge of manslaughter in the second degree as a lesser included offense of murder (see CPL 300.40; People v Asan, 22 NY2d 526; People v Blowe, 40 AD2d 982). The other arguments raised by the defendant have been considered and found to be without merit. Martuscello, Acting P. J., Christ, Shapiro, Titone and Hawkins, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Kings County, entered December 9, 1974, which granted defendant’s motion to set aside a jury verdict convicting him of manslaughter in the second degree, and dismissed the indictment. Order reversed, on the law, the indictment and jury verdict are reinstated; and the case is remanded to Criminal Term for further proceedings not inconsistent herewith. On a motion to set aside the verdict of a jury, the defendant bears the burden of establishing grounds on which the conviction, if appealed from, would have to be reversed as a matter of law (CPL 330.30, subd 1; 330.40, subd 2, par [g]). On this record it was entirely proper for the trial court to submit the charge of manslaughter in the second degree as a lesser included offense of murder (see CPL 300.40; People v Asan, 22 NY2d 526; People v Blowe, 40 AD2d 982). The other arguments raised by the defendant have been considered and found to be without merit. Martuscello, Acting P. J., Christ, Shapiro, Titone and Hawkins, JJ., concur.

People v. Zipfel, 51 A.D.2d 979, 380 N.Y.S.2d 710, 1976 N.Y. App. Div. LEXIS 11716 (N.Y. Ct. App. 1976).

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