PEOPLE v. FIGUEROA


73 A.D.2d 674 (1979)

The People of the State of New York, Respondent, v. Hector Figueroa, Appellant

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

December 24, 1979


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

In our view it was error for the trial court to charge the jury that it was to consider the lesser included crime of reckless endangerment in the second degree "only if you have determined that the conduct of Hector Figueroa [the defendant] did not cause the death of Linda Figueroa", and later that "In reckless endangerment you must believe beyond a reasonable doubt that the defendant created a substantial and...

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