People v. Santini — 246 N.Y. 612

Majority

p. 612

The People of the State of New York, Appellant, v. Eugene Santini, Respondent.

Headnote

Crimes — manslaughter in second degree — erroneous comment in charge as to punishment that might or might not he inflicted should defendant he found guilty.

People v. Santini, 221 App. Div. 139 , affirmed.

(Argued October 25, 1927;

decided November 22, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1927, which reversed a judgment of the Bronx County Court rendered upon a verdict convicting the defendant of the crime of manslaughter in the second degree and granted a new trial. The Appellate Division reversed on the ground that the trial court erred in commenting in his charge upon the punishment that might or might not be inflicted should defendant be found guilty.

John E. McGeehan, District Attorney (George B. De Luca, Herman J. Fliederblum and Albert H. Henderson of counsel), for appellant.

Louis Susman and Samuel Goldstein for respondent.

p. 613

Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.