People v. Gonzales

Titone, J. P.,

dissents and votes to deny the motion for reargument, with the following memorandum: Defendant was charged in a multicount indictment with, inter alia, murder in the second degree and criminal possession of a weapon in the second degree. At trial, he was convicted of manslaughter in the first degree, which was submitted to the jurors as a lesser included offense of the murder count (CPL 300.50, subd 1), and criminal possession of a weapon in the second degree. By decision and order of this court, both dated March 7, 1983 (92 AD2d 873) the judgment was reversed and a new trial…