People v. Greene

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was tried for first degree manslaughter upon an indictment which alleged, in part, that the defendant caused the death of the victim, Dana Oliver, "by shooting him.” The medical evidence at trial, however, was equivocal as to whether the victim’s head wound was caused by a bullet or by some other instrumentality.

After the close of the evidence, defendant asked the court to charge the jury that they must acquit defendant if the victim’s injury was not caused by a shooting,…