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PEOPLE v. SULLIVAN

68 N.Y.2d 495 (1986)

The People of the State of New York, Appellant, v. Stephen Sullivan, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1986.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Steven R. Kartagener of counsel), for appellant.

Bruce A. Smirti for respondent.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion; Chief Judge WACHTLER dissents and votes to affirm in a separate opinion.

Per Curiam.

When a Grand Jury is presented with conflicting versions of a shooting death, it may choose to indict the defendant for second degree manslaughter rather than intentional murder, provided that either charge is supported by sufficient evidence. Here, the evidence was sufficient to support either, and the Grand Jury opted for second degree manslaughter.

The evidence before the Grand Jury showed that Mrs...

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