PEOPLE v. PINCKNEY


38 A.D.2d 217 (1972)

The People of the State of New York, Appellant, v. William L. Pinckney, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 1972.


Attorney(s) appearing for the Case

Robert R. Meehan, District Attorney (Thomas E. Urell of counsel), for appellant.

Howard J. Diller (Diller & Schmukler and Michael Schwartz of counsel), for respondent.

MARTUSCELLO, Acting P. J., CHRIST and BRENNAN, JJ., concur with BENJAMIN, J.; SHAPIRO, J., concurs in the opinion by BENJAMIN, J., with a separate opinion, in which MARTUSCELLO, Acting P. J., concurs.


BENJAMIN, J.

The question on this appeal is whether a Grand Jury could validly indict a defendant for manslaughter in the second degree and criminally negligent homicide where he sold a dangerous drug (heroin) to one Muthig and provided the instruments for its injection and thereby caused Muthig's death. The County Court held that these facts did not charge a crime.

The defendant was indicted by the Grand...

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