People v. Heinsohn

In my opinion, the People have failed to sustain their burden of proving, beyond a reasonable doubt, defendant’s guilt of the crime of manslaughter in the second degree. Subdivision 1 of section 125.15 of the Penal Law provides that a person is guilty of manslaughter in the second degree (as pertinent to the charges herein) when he recklessly causes the death of another. “A person *575acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will…