The People v. Elmer Castillo The People v. Brian Degraffenreid
Cases that cite this one
7 later published cases cite this decision.
- People v. Bush (Appellate Division of the Supreme Court of New York 2020)
- Degraffenreid v. Lee (District Court, S.D. New York 2020)
- People v. Firu (Victor) (Appellate Terms of the Supreme Court of New York 2020)
- People v. Hunt (Appellate Division of the Supreme Court of New York 2019)
- People v. Almonte (Appellate Division of the Supreme Court of New York 2018)
- People v. Joyce (John) (Appellate Terms of the Supreme Court of New York 2018)
- People v. Castro (Appellate Division of the Supreme Court of New York 2018)
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 order of the Appellate Division should be affirmed in each case. Codefendants Elmer Castillo and Brian Degraffen-reid appeal from orders of the Appellate Division affirming their convictions for manslaughter in the first degree. Co-defendants’ challenge to the trial court’s general charge on causation is unpreserved, and there was no mode of proceedings error (see People v Gray, 86 NY2d 10, 19 [1995]; see also People v Thomas, 50 NY2d 467, 472 [1980]; People v Patterson, 39 NY2d 288, 295 [1976]). In addition, defense counsel’s failure to object to the charge does not constitute ineffective assistance, as the jury instructions, viewed in totality, neither improperly shifted the burden to codefendants nor relieved the People of their burden to prove guilt beyond a reasonable doubt (see Thomas, 50 NY2d at 472; see also People v Drake, 7 NY3d 28, 33-34 [2006]). Additionally, codefendants’remaining ineffective assistance of counsel claims are without merit as both codefendants received meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]; see also People v Benevento, 91 NY2d 708, 714 [1998]; People v Mahboubian, 74 NY2d 174, 183-184 [1989]; People v Stultz, 2 NY3d 277, 287 [2004]).
*938 In each case: On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.