People v. Montanez

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 23, 1974, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Hopkins, Acting P. J., Martuscello, Cohalan and Brennan, JJ., concur; Shapiro, J., dissents and votes to reverse the judgment and dismiss the indictment, with the following memorandum: The circumstantial proof adduced by the People did not establish defendant’s guilt beyond a reasonable doubt. Were I not voting to dismiss, I would, in any event, vote for a new trial on…