People v. Heide
Cases that cite this one
224 later published cases cite this decision. The 25 that cite it most often are listed here.
- Gibbs v. Donnelly (District Court, W.D. New York 2009)
- Casillas v. Murray (District Court, W.D. New York 2009)
- Goldberg v. Tracy (District Court, E.D. New York 2008)
- Brunson v. Tracy (District Court, E.D. New York 2005)
- Singletary v. Fischer (District Court, E.D. New York 2003)
- People v. Kenyatta (Appellate Division of the Supreme Court of New York 2025)
- People v. Nelson (Appellate Division of the Supreme Court of New York 2014)
- People v. Lora (Appellate Division of the Supreme Court of New York 2011)
- People v. Ketteles (Appellate Division of the Supreme Court of New York 2009)
- People v. Muniz (Appellate Division of the Supreme Court of New York 2007)
- People v. Butcher (Appellate Division of the Supreme Court of New York 2004)
- People v. Lucas (Appellate Division of the Supreme Court of New York 1997)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2025)
- People v. Ross (Appellate Division of the Supreme Court of New York 2025)
- People v. Kellam (Appellate Division of the Supreme Court of New York 2025)
- People v. Akins (Appellate Division of the Supreme Court of New York 2025)
- People v. Thompson (Appellate Division of the Supreme Court of New York 2025)
- People v. Soto (Appellate Division of the Supreme Court of New York 2025)
- People v. Hart (Appellate Division of the Supreme Court of New York 2024)
- People v. Pooler (Appellate Division of the Supreme Court of New York 2024)
- People v. Govan (Appellate Division of the Supreme Court of New York 2024)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2024)
- People v. Roche (Appellate Division of the Supreme Court of New York 2024)
- People v. Gaffney (Appellate Division of the Supreme Court of New York 2024)
- Mercado-Ramos v. Noeth (District Court, W.D. New York 2023)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The Appellate Division order should be affirmed.
A two-pronged showing is required to establish entitlement to a lesser included offense charge. First, it must be shown that the additional offense is a lesser included offense within the meaning of CPL 1.20 (37). Second, the requesting party must show that there is a reasonable view of the evidence in the particular case that would support a finding that the defendant committed the lesser included offense, but not the greater (CPL 300.50 [1]; People v Glover, 57 NY2d 61, 63).
It is undisputed here that criminally negligent homicide is a lesser included offense of manslaughter in the second degree (see, People v Stanfield, 36 NY2d 467). Moreover, the fact that defendant intentionally stabbed Golofit does not preclude a finding that defendant committed criminally negligent homicide. In criminal negligence, a person acts with the requisite culpable mental state when such person fails to perceive a substantial and unjustifiable risk that the act in question will cause the statutorily described result (Penal Law § 15.05 [4]). In the context of criminally negligent homicide, criminal negligence analysis focuses on the actor’s awareness of the risk that death will result from the act, not whether the underlying act is intentional. Here, a reasonable view of the record evidence supports a finding that defendant was not aware that stabbing Golofit would result in his death.
Defendant’s claim that certain remarks made by the prosecutor during summation were so prejudicial as to deprive him of a fair trial is unpreserved for this Court’s review. Following the Trial Judge’s curative instructions, defense counsel neither objected further, nor requested a mistrial. Under these circumstances, the curative instructions must be deemed to have corrected the error to the defendant’s satisfaction (People v Williams, 46 NY2d 1070, 1071).
*945 Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.