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PEOPLE v. BROWN

200 A.D.2d 435 (1994)

607 N.Y.S.2d 244

The People of the State of New York, Respondent, v. Nathan Brown, Appellant

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

January 13, 1994

Defendant was charged with two counts of murder in the second degree (Penal Law § 125.25 [1], [2]). Without objection, the trial court improperly charged the jury in the conjunctive rather than in the alternative (People v Gallagher, 69 N.Y.2d 525). While the jury convicted defendant of both counts, the trial court only imposed sentence under the intentional murder count.

Defendant's claim that he was denied his right...

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