People v. Strong

Defendant was charged, in a one-count indictment, with manslaughter in the second degree (Penal Law, § 125.15) for causing the death of Kenneth Goings. At the trial, the defense requested that the court submit to the jury, in addition to the crime charged, the crime of criminally negligent homicide (Penal Law, § 125.10). The court refused, and the jury found defendant guilty as charged.

The sole issue upon this appeal is whether the trial pourt erred in refusing to submit to the jury the lesser crime of criminally negligent homicide.

Recently, in People v Stanfield (36 NY2d 467), the same issue…