Decided On : 6/2/2016
AD3 order dated February 19, 2015, affirming judgment of conviction. Decision below: 125 AD3d 1099, 4 NYS3d 623. Lynch (AD dissenter), J., granted leave March 26, 2015. To be argued April 28, 2016.
ISSUES PRESENTED: (1) Whether first-degree manslaughter was properly charged, over defense objection, as a lesser included offense to second-degree murder; whether there was a reasonable view of the evidence that defendant intended to seriously injure, rather than kill, the deceased. (2) Sufficiency of inquiry into juror misconduct. (3) The People’s use of prior testimony to impeach their own witness. (4) Refusal to give a circumstantial evidence charge. (Assigned counsel: Jonathan I. Edelstein, c/o Edelstein & Grossman, 501 Fifth Avenue, Suite 514, NYC 10017.)