People v. Sierra

Judgment unanimously reversed on the law and indictment dismissed without prejudice to the People to re-present any appropriate charges *908to another Grand Jury. Memorandum: Defendant inadvertently killed an innocent bystander while engaged in a gunfight on the street with his brother. The jury acquitted defendant of murder in the second degree (Penal Law § 125.25 [2]), but convicted him of the lesser included offense of manslaughter in the second degree (Penal Law § 125.15 [1]). We reverse the judgment. Inasmuch as defendant was convicted of a lesser included offense, the indictment is…