People v. Gallagher

Bracken, J. P. (concurring in part and dissenting in part).

As the result of a series of events arising out of a St. Patrick’s Day celebration, culminating in the tragic shooting death of Jack Sweeney, the defendant Daniel Gallagher was convicted, upon a jury verdict, of the crimes of murder in the second degree and manslaughter in the second degree. Although the members of this court are in agreement that the trial evidence was sufficient to sustain a conviction under either count, we are divided on the question of whether the jury’s verdict, finding the defendant guilty of both intentional…