PEOPLE v. CASTILLO

Nos. 73 SSM 6, 74 SSM 7.

29 N.Y.3d 935 (2017)

73 N.E.3d 341

51 N.Y.S.3d 1

2017 NY Slip Op 02093

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELMER CASTILLO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN DEGRAFFENREID, Appellant.

Court of Appeals of New York.

Decided March 23, 2017.


Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York City ( Akash M. Toprani , George R. Painter IV and Samuel S. Brickfield of counsel), for appellant in the first above-entitled action.

Robert S. Dean , Center for Appellate Litigation, New York City ( Barbara Zolot of counsel), for appellant in the second above-entitled action.

Darcel D. Clark , District Attorney, Bronx ( Lori Ann Farrington of counsel), for respondent in the first and second above-entitled actions.

Chief Judge DIFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY, GARCIA and WILSON concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed in each case. Codefendants Elmer Castillo and Brian Degraffenreid appeal from orders of the Appellate Division affirming their convictions for manslaughter in the first degree. Co-defendants' challenge to the trial court's general charge on causation is unpreserved, and there was no mode of proceedings error (see People v Gray, 86 N.Y.2d 10

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