| People v Neptune |
| 2008 NY Slip Op 04731 [51 AD3d 949] |
| May 20, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JeanNeptune, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.),rendered April 15, 2005, convicting him of manslaughter in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
On the evening of July 4, 2003 the defendant was driving three people home from abarbecue. Eyewitnesses testified, inter alia, that the defendant was speeding down a busy street,weaving in and out of traffic without signaling, and tailgating other vehicles. At some point, thedefendant lost control of his car, and collided with two other vehicles. One of the passengers inthe defendant's car died as a result of the accident.
The defendant was convicted of manslaughter in the second degree. A person is guilty of thatcrime when he or she "recklessly causes the death of another person" (Penal Law § 125.15[1]).
The Legislature has defined the term "recklessly" in Penal Law § 15.05 (3). TheCriminal Jury Instructions utilize the same definition (see CJI2d[NY] Penal Law §15.05 [3]; § 125.15 [1]). Despite this, in its charge to the jury, the trial court, over defensecounsel's objection, repeatedly defined the term "recklessly" in a manner that substantiallydeviated from the Penal Law definition and from the CJI pattern charge. Under thecircumstances, this constituted error (cf. People v [*2]Simmons, 221 AD2d 994, 995 [1995]), which cannot beconsidered harmless (see People v Crimmins, 36 NY2d 230, 237 [1975]). Accordingly, anew trial is required.
The defendant's remaining contentions, including the contention raised in his supplementalpro se brief, need not be reached in light of our determination. Fisher, J.P., Covello, Angiolilloand Belen, JJ., concur.