People v. Cruciani

• Decision Date: 01 April 1974
• Citation: 44 A.D.2d 684,353 N.Y.S.2d 811
• Parties: The PEOPLE, etc., Respondent, v. Kenneth J. CRUCIANI, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 811

353 N.Y.S.2d 811

44 A.D.2d 684

The PEOPLE, etc., Respondent, v. Kenneth J. CRUCIANI, Appellant.

Supreme Court, Appellate Division, Second Department.

April 1, 1974.

Before MARTUSCELLO, Acting P.J., and LATHAM, SHAPIRO, BENJAMIN and MUNDER, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered November 6, 1972, convicting him of manslaughter in the second degree and injection of a narcotic drug, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The proof established that defendant administered an injection of heroin to the decedent at a time when he was aware that she was under the influence of barbiturates. As a result, she died of narcotism.

In People v. Pinckney, 38 A.D.2d 217, 328 N.Y.S.2d 550, affd. 32 N.Y.2d 749, 344 N.Y.S.2d 643, 297 N.E.2d 523 we held that a defendant could not be convicted of manslaughter in the second degree or criminally negligent homicide on the mere proof of sale of heroin to a person who died of an overdose after injecting the heroin with instruments supplied by defendant. In Pinckney the opinion of Mr. Justice Benjamin noted that 'although it is a matter of common knowledge that the use of heroin can result in death, it is also a known fact that an injection of heroin into the body does not generally cause death' (Supra, 38 A.D.2d p. 219, 328 N.Y.S.2d p. 552) and Mr. Justice Shapiro in his concurring opinion stated (pp. 223--224, 328 N.Y.S.2d pp. 556-- 557) :

'It has been held that the proof required for a criminal conviction under these sections of the new Penal Law is that the actor have knowledge of the highly dangerous nature of his actions or knowledge of such facts as under the circumstances would disclose to a reasonable man the danger of his action and that despite his knowledge he so acts (People v. Taylor, 31 A.D.2d 852, 297 N.Y.S.2d 192; People v. Haney, 59 Misc.2d 162, 298 N.Y.S.2d 415).

'While there has recently been a substantial increase in deaths from narcotics, the proportion of such deaths to the number of times narcotics are currently being used by addicts and for legal medical treatment is not nearly great enough to justify an assumption by a person facilitating the injection of a narcotic drug by a user that the latter is thereby running a substantial and unjustifiable risk that death will result from that injection. It is hardly analogous to the sale of wood alcohol, a deadly poison (People v. Licenziata, 199...