Appellate Division of the Supreme Court of New York, 1999

People v. Gonzalez

People v. Gonzalez
Appellate Division of the Supreme Court of New York · Decided November 23, 1999
266 A.D.2d 112; 698 N.Y.S.2d 145; 1999 N.Y. App. Div. LEXIS 12071
People v. Gonzalez

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered February 27, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 9 to 18 years, unanimously affirmed. The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning credibility.

The court’s supplemental charge, in which it instructed the jury that second-degree manslaughter did not have an intent element, was a correct statement of the law (People v Trappier, 87 NY2d 55; People v Gallagher, 69 NY2d 525) that could not have been misunderstood by the jury as directing a verdict of first-degree manslaughter. Concur — Ellerin, P. J., Rosenberger, Tom, Andrias and Buckley, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.