In Beltran, the defendant argued the jury instruction given on the degree of provocation necessary to negate malice and reduce the degree of homicide to voluntary manslaughter was ambiguous.
Summary of this case from People v. MartinezMarch 28, 2011.
Appeal from the 3d Dept: 79 AD3d 1525 (Sullivan).
Applications in Criminal Cases for Leave to Appeal denied.
In Beltran, the defendant argued the jury instruction given on the degree of provocation necessary to negate malice and reduce the degree of homicide to voluntary manslaughter was ambiguous.
Summary of this case from People v. MartinezFull title:People v. Beltran (Dalvin)
Court:Court of Appeals of the State of New York
Date published: Mar 28, 2011
" The trial court in this case instructed the jury with the revised version of this instruction, and there is…
People v. MartinezBecause we conclude there was no instructional error, we also reject defendant's contention the trial court…