People v. Stanfield

Judgment of conviction, Supreme Court, New York *781County, rendered October 29, 1971, after trial to a jury, unanimously reversed, on the law, and the case remanded for trial anew. We hold it to have been error on this trial for manslaughter, second degree (Penal Law, § 125.15, subd. 1), for the court to have refused the request made both by prosecution and defense that criminally negligent homicide (Penal Law, § 125.10) be charged as a lesser included offense. The case against defendant-appellant was virtually proven entirely out of his own mouth by his voluntary statement to police summoned by…