People v. Mills

We respectfully dissent. In our view, reversal is required because the crime of which defendant was convicted was barred by the statute of limitations. Contrary to the conclusion of the majority, defendant did not waive the statute of limitations defense, either explicitly or by *146requesting that criminally negligent homicide (Penal Law § 125.10), the crime of which he was convicted, be charged to the jury as a lesser included offense of murder in the second degree (§ 125.25 [2] [depraved indifference murder]).

It is well established that, in this state, the failure to commence a prosecution…