People v. Monaco

The factual circumstances of the crime for which appellant Monaco was convicted of murder, second degree, are developed in the opinion of Judge Froessel on the prior appeal in this case in 1962 (People v. Fasano and Monaco, 11 N Y 2d 436).

On that appeal, however, Monaco was respondent and the People appellant, from an order of the Appellate Division (14 A D 2d 581), which had reversed the judgment against Monaco and directed a new trial for a purported error in the instructions to the jury. The refusal of the Trial Judge to charge, upon which the Appellate Division had reversed Monaco’s…