People v. Flores

CourtNew York Supreme Court Appellate Division
Citation2016 N.Y. Slip Op. 08468,41 N.Y.S.3d 890 (Mem),145 A.D.3d 568
Decision Date15 December 2016
Parties The PEOPLE of the State of New York, Respondent, v. Jose FLORES, Defendant–Appellant.

145 A.D.3d 568
41 N.Y.S.3d 890 (Mem)
2016 N.Y. Slip Op. 08468

The PEOPLE of the State of New York, Respondent,
v.
Jose FLORES, Defendant–Appellant.

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

Dec. 15, 2016.


Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent.

145 A.D.3d 568

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered July 9, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree and gang assault in the first degree, and sentencing him to an aggregate term of 15 years, unanimously reversed, as a matter of discretion in the interest of justice, the murder count dismissed with leave to re-present any appropriate charges to the grand jury, and the matter otherwise remanded for a new trial on the gang assault count.

As in cases such as People v. Velez, 131 A.D.3d 129, 13 N.Y.S.3d 354 (1st Dept.2015), the court's charge did not convey to the jury that an acquittal on the top count of murder in the second degree based on a finding of justification would preclude consideration of the other charges. We note that the People did not object to giving a justification charge. We find that the error in the wording of the charge was not harmless, and that it warrants reversal in the interest of justice for the reasons stated in Velez.

SWEENY, J.P., RENWICK, RICHTER, MANZANET–DANIELS, KAPNICK, JJ., concur.

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8 practice notes
  • People v. Wah, 8503
    • United States
    • New York Supreme Court Appellate Division
    • April 23, 2019
    ...that the Velez error was not harmless, suggesting that under certain facts a Velez error may be found harmless (see People v. Flores , 145 A.D.3d 568, 569, 41 N.Y.S.3d 890 [1st Dept. 2016], lv dismissed 29 N.Y.3d 997, 57 N.Y.S.3d 718, 80 N.E.3d 411 [2017] ; People v. Delin , 145 A.D.3d 566,......
  • Monaco v. N.Y. Univ., Appeal No. 15034
    • United States
    • New York Supreme Court Appellate Division
    • February 22, 2022
    ...between a member of the Faculty and the University,’ [and] have the force of contract" ( Matter of Monaco v. New York Univ., 145 A.D.3d at 568, 43 N.Y.S.3d 328 [emphasis added]). Those policies, without a doubt, include the disciplinary procedures. The Professors argue that NYU violate......
  • People v. Breckenridge, 6347
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2018
    ...434, 67 N.Y.S.3d 818 [1st Dept. 2018] ; People v. Valentin , 154 A.D.3d 474, 475, 61 N.Y.S.3d 479 [1st Dept. 2017] ; People v. Flores , 145 A.D.3d 568, 569, 41 N.Y.S.3d 890 [1st Dept. 2016], lv dismissed 29 N.Y.3d 997, 57 N.Y.S.3d 718, 80 N.E.3d 411 [2017] ; People v. Delin , 145 A.D.3d 566......
  • Monaco v. N.Y. Univ.
    • United States
    • New York Supreme Court Appellate Division
    • December 15, 2016
    ...for respondents.SWEENY, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ.145 A.D.3d 567Judgment, Supreme Court, New York County (Alexander W. 145 A.D.3d 568Hunter, Jr., J.), entered July 17, 2015, which, to the extent appealed from, granted respondents' cross motion to dismiss petitioners' brea......
  • Request a trial to view additional results
8 cases
  • People v. Wah, 8503
    • United States
    • New York Supreme Court Appellate Division
    • April 23, 2019
    ...that the Velez error was not harmless, suggesting that under certain facts a Velez error may be found harmless (see People v. Flores , 145 A.D.3d 568, 569, 41 N.Y.S.3d 890 [1st Dept. 2016], lv dismissed 29 N.Y.3d 997, 57 N.Y.S.3d 718, 80 N.E.3d 411 [2017] ; People v. Delin , 145 A.D.3d 566,......
  • Monaco v. N.Y. Univ., Appeal No. 15034
    • United States
    • New York Supreme Court Appellate Division
    • February 22, 2022
    ...between a member of the Faculty and the University,’ [and] have the force of contract" ( Matter of Monaco v. New York Univ., 145 A.D.3d at 568, 43 N.Y.S.3d 328 [emphasis added]). Those policies, without a doubt, include the disciplinary procedures. The Professors argue that NYU violate......
  • People v. Breckenridge, 6347
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2018
    ...434, 67 N.Y.S.3d 818 [1st Dept. 2018] ; People v. Valentin , 154 A.D.3d 474, 475, 61 N.Y.S.3d 479 [1st Dept. 2017] ; People v. Flores , 145 A.D.3d 568, 569, 41 N.Y.S.3d 890 [1st Dept. 2016], lv dismissed 29 N.Y.3d 997, 57 N.Y.S.3d 718, 80 N.E.3d 411 [2017] ; People v. Delin , 145 A.D.3d 566......
  • Monaco v. N.Y. Univ.
    • United States
    • New York Supreme Court Appellate Division
    • December 15, 2016
    ...for respondents.SWEENY, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ.145 A.D.3d 567Judgment, Supreme Court, New York County (Alexander W. 145 A.D.3d 568Hunter, Jr., J.), entered July 17, 2015, which, to the extent appealed from, granted respondents' cross motion to dismiss petitioners' brea......
  • Request a trial to view additional results

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