PEOPLE v. MARTINEZ


47 A.D.2d 863 (1975)

The People of the State of New York, Respondent, v. Florentino Menendez Martinez, Appellant

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

March 31, 1975


Judgment reversed, on the law, and new trial ordered.

Defendant was charged with murder. Despite his attorney's timely request for a charge to the jury on the elements of criminally negligent homicide, the jury was instructed to consider only the crimes of murder and manslaughter in the second degree. Upon the facts of this case, a jury could find defendant guilty of criminally negligent homicide and acquit him of any higher...

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