People v. Johnson

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered February 21, 1986, convicting him of criminally negligent homicide, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for entry of an order in its discretion pursuant to CPL 160.50.

The evidence at trial established that the defendant and one Arthur Jones were rough-housing on Union Street in Brooklyn when, at one point, the defendant held Jones around the neck…