People v. Reginald Powell


AD2 order dated February 25, 2015, affirming judgment of conviction. Decision below: 125 AD3d 1010, 5 NYS3d 445. Lippman, Ch. J., granted leave March 19, 2015. Argued February 17, 2016.
ISSUES PRESENTED: (1) The trial court’s barring evidence of third-party culpability (victim’s $500,000 life insurance policy naming defendant’s brother as the primary beneficiary). (2) Whether there was a reasonable view of evidence requiring the court to charge first-degree manslaughter as a lesser included offense of first-degree murder. (3) Attenuation of post-Miranda statements from inadmissible pre-Miranda ones. (4) Sufficiency of evidence of intent to remain unlawfully in victim’s home, to support second-degree burglary. (5) et al.