People v. Clair

Order unanimously reversed on the law, motion denied, verdict reinstated and matter remitted to Steuben County Court for sentencing. Memorandum: County Court erred in granting defendant’s motion to set aside the jury verdict convicting defendant of criminally negligent homicide (Penal Law § 125.10). The court properly charged criminally negligent homicide as a lesser included offense of manslaughter in the second degree (see, People v Green, 56 NY2d 427, 432-433, rearg denied 57 NY2d 775; People v Deitsch, 97 AD2d 327, 329). The evidence, viewed in the light most favorable to the People (see,…