People v. Nicosia

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered July 23, 2003, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

On April 6, 2002, the defendant shot and killed his friend while practicing a military maneuver. During the trial, the defense attorney cross-examined a prosecution witness about the defendant’s reputation for safety with guns. The…