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PEOPLE v. FINKELSTEIN

144 A.D.2d 250 (1988)

The People of the State of New York, Respondent, v. Lowell Finkelstein, Appellant

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

November 3, 1988

It is axiomatic that a person cannot be convicted of two contradictory manslaughter charges with respect to one homicide. One who acts intentionally in causing the death of a person (manslaughter in the first degree [Penal Law § 125.20 (1)]) cannot at the same time act recklessly in causing the same death (manslaughter in the second degree [Penal Law § 125.15 (1)]; see, People v Gallagher, 69 N.Y.2d 525, 529;

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