People v. Carney

Martuscello, J.,

dissents and votes to affirm the judgment of conviction, with the following memorandum: I disagree with the argument advanced by the majority based on this court’s decision in People v Mabry (58 AD2d 897). The trial court’s charge in this uncomplicated criminal trial complied with the requirements of CPL 300.10 (subd 2) as interpreted by the Court of Appeals in People v Culhane (45 NY2d 757, cert den 439 US 1047). CPL 300.10 (subd 2) reads, in pertinent part: "In its charge, the court must state the fundamental legal principles applicable * * * and, so far as practicable,…