People v. Lewis

Appeal from a judgment of the County Court, Orange County, convicting appellant of manslaughter in the first degree after trial on an indictment charging murder in the second degree. Judgment unanimously affirmed. The trial court did not err in refusing to dismiss the indictment and properly submitted the lesser degrees of homicide to the jury. (Penal Law, § 610; Code Crim. Pro., § 444; cf. People ex rel. Poulos v. McDonnell, 302 N. Y. 89, 91; People v. Mussenden, 308 N. Y. 558, 561-562; People v. McDonnell, 92 N. Y. 657.) Prejudicial error was not committed by the receipt in evidence of…