People v. Hardy

OPINION OF THE COURT

Joseph D. Valentino, J.

Defendant is charged with manslaughter in the second degree (Penal Law § 125.15 [1]), assault in the second and third degrees (Penal Law § 120.05 [4]; § 120.00 [2]), and attempted petit larceny (Penal Law §§ 110.00, 155.25). At the close of the People’s proof, defendant specifically moved for a trial order of dismissal on the first and fourth counts. Regarding the manslaughter charge, defense counsel argued that it must be dismissed because the victim (Girl Nenni) had no legal status as a person when her mother sustained injuries and delivered the…