PEOPLE v. McINTOSH

No. 58.

33 N.Y.3d 1064 (2019)

128 N.E.3d 173

104 N.Y.S.3d 46

2019 NY Slip Op 05186

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES R. McINTOSH, Appellant.

Court of Appeals of New York.

Decided June 27, 2019.


Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( James A. Hobbs of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Scott Myles of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Even assuming the court erred in denying defendant's request to submit the crimes of manslaughter in the second degree and criminally negligent homicide to the jury as lesser included offenses of the charged crimes of murder in the second degree and manslaughter in the first degree, the error was harmless (People v Johnson, 87 N.Y.2d 357...

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