PEOPLE v. MONTANEZ


41 N.Y.2d 53 (1976)

The People of the State of New York, Respondent, v. Peter Montanez, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1976.


Attorney(s) appearing for the Case

Jerald Rosenthal and Melvin E. Rosenthal, New York City, for appellant.

Nicholas Ferraro, District Attorney (Barry A. Schwartz and Bruce E. Whitney of counsel), Kew Gardens, for respondent.

Chief Judge BREITEL and Judges JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.


WACHTLER, J.

The defendant has been convicted of manslaughter in the second degree for recklessly causing the death of Clifford Mendell. On this appeal he claims that the conviction should be set aside, and the indictment dismissed, because the proof is insufficient, as a matter of law, to establish his guilt beyond a reasonable doubt. In the alternative he argues that there should be a new trial because the court...

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