The People v. Glenford C. Hull

Summary

The New York Court of Appeals affirmed an order upholding Glenford C. Hull's conviction for first-degree manslaughter after a retrial for the shooting death of his neighbor. The court held that the evidence provided a reasonable view supporting submission of first-degree manslaughter as a lesser included offense of second-degree murder, and concluded that Hull's remaining claim concerning possible juror misconduct was unpreserved.

Holdings

1. The trial court properly submitted first-degree manslaughter because there was a reasonable view of the evidence under which the jury could find that defendant intended to cause serious physical injury, but not to kill, the victim.
2. Defendant's contention concerning the court's inquiry into possible juror misconduct was unpreserved for appellate review.

Questions Presented

1. Whether the trial court properly instructed the jury on first-degree manslaughter as a lesser included offense of second-degree murder.
2. Whether defendant's challenge to the trial court's inquiry into possible juror misconduct was preserved for appellate review.

Disposition

affirmed