People v. Munck

Mercure, A.EJ. (dissenting).

Under the facts and circumstances of this case, we would not invoke this Court’s interest of justice power to reverse defendant’s conviction. Therefore, we respectfully dissent.

At the outset, we take no issue with the majority’s conclusion that County Court’s instructions to the jury should have included sufficient guidance to enable the jurors to determine whether defendant had a legal duty to seek medical care for Peter. As the majority recognizes, however, defendant’s failure to object to that omission at trial, when corrective action could have been taken by…