Citation Numbers: 50 A.D.2d 969
Filed Date: 12/11/1975
Status: Precedential
Modified Date: 1/12/2022
Appeal from a judgment of the County Court of Ulster County, rendered June 28, 1974, upon a verdict convicting defendant of the crime of manslaughter in the first degree. Defendant was indicted for the crime of murder in violation of subdivision 1 of section 125.25 of the Penal Law for the killing of one William Conley. Defendant admitted shooting Conley with a rifle. His sole defense was insanity. After his trial the jury found him guilty of manslaughter in the first degree and he was sentenced to an indeterminate term of prison with a maximum of 10 years. On this , appeal he urges reversal on the grounds that his mental responsibility was not proved beyond a reasonable doubt and that the court erred in refusing to charge the jury that defendant would not automatically go free if the jury acquitted him by reason of insanity. We will consider the latter issue first. While there is conflict on this issue amongst the courts in the various States, New York has taken the position that it would be improper for the court to give the instruction requested by defendant. (People v Adams, 26 NY2d 129, 138-139.) We now pass to the other issue, and initially note that there was no exception to the court’s charge. The jury was instructed on this critical issue as follows: "The fact that a defendant may have a mere surface knowledge or understanding of the nature of his act and its results or a mere superficial knowledge that it is wrong, is not enough to make him