PEOPLE v. STANFIELD


36 N.Y.2d 467 (1975)

The People of the State of New York, Appellant, v. Robert Stanfield, Respondent.

Court of Appeals of the State of New York.

Reargued March 18, 1975.

Decided May 5, 1975.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Lewis R. Friedman and Sharon M. Lynch of counsel), for appellant.

Henry Mark Holzer and Erika Holzer for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

At issue on this appeal is whether the crime of criminally negligent homicide is a lesser included offense of the crime of manslaughter in the second degree.

The defendant was indicted for manslaughter, second degree, for the death by shooting of Thomasina Banks, a woman with whom he maintained a common-law relationship. There were no other witnesses to the shooting and the People's case was...

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