People v. Amengual

Appeal by the People from an order of the County Court, Rockland County, dated March 1, 1976, which (1) vacated a judgment of conviction rendered October 16, 1973, following defendant’s conviction of murder, upon a jury verdict, and (2) ordered a new trial. Order reversed, on the law, and judgment of conviction reinstated. The constitutional issue raised on this appeal relates to the alleged denial of due process resulting from the trial court’s charge of section 125.25 (subd 1, par [a]) of the Penal Law, which makes a claim in a murder prosecution that the killing was committed under the…