People v. Murphy

— Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered March 6,1981, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and case remitted to Criminal Term for a new trial on the charge of criminally negligent homicide. Defendant was indicted for manslaughter in the second degree. The jury was charged as to the manslaughter, and, also, at the request of the prosecution, criminally negligent homicide as a lesser included offense. The jury acquitted defendant of manslaughter, but…