PEOPLE v. BIGGS (2002)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Bruce BIGGS, Appellant.

Decided: October 07, 2002

FRED T. SANTUCCI, J.P., SONDRA MILLER, GLORIA GOLDSTEIN and SANDRA L. TOWNES, JJ.

Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Bruce Seeliger of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), dated October 4, 2000, convicting him of manslaughter in the first degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, since the crime of manslaughter in the first degree “was neither contained in the original indictment nor considered as a lesser included offense, the defendant was [not] implicitly acquitted of that crime as a consequence of his first trial” (People v. Oglesby, 174 A.D.2d 761, 571 N.Y.S.2d 785). Accordingly, the defendant's prosecution for manslaughter in the first degree was not barred by the constitutional prohibition against double jeopardy.

The defendant's remaining contention is unpreserved for appellate review (see CPL 470.05[2]; People v. Dodson, 48 N.Y.2d 36, 38, 421 N.Y.S.2d 47, 396 N.E.2d 194), and we decline to reach it in the exercise of our interest of justice jurisdiction.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law