People v. Santiago

CourtNew York Supreme Court — Appellate Division
Citation65 N.Y.S.3d 35,155 A.D.3d 506
Decision Date21 November 2017
Parties The PEOPLE of the State of New York, Respondent, v. Santos SANTIAGO, Defendant–Appellant.

155 A.D.3d 506
65 N.Y.S.3d 35

The PEOPLE of the State of New York, Respondent,
v.
Santos SANTIAGO, Defendant–Appellant.

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

Nov. 21, 2017.


65 N.Y.S.3d 35

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

Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.

TOM, J.P., MAZZARELLI, ANDRIAS, OING, SINGH, JJ.

155 A.D.3d 506

Judgment, Supreme Court, Bronx County (Eugene Oliver, J.), rendered August 11, 2014, as amended May 11, 2016 and April 28, 2017, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to

an aggregate term of 20 years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

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 failed to convey that an acquittal on the top count of second-degree murder based on a finding of justification would preclude consideration of the remaining charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v. Kareem, 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept.2017], lv. dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 [2017] ). We have considered and rejected the People's various arguments for affirmance.

Since we are ordering a new trial, we find it unnecessary to

reach defendant's remaining contentions.

To continue reading

Request your trial
4 practice notes
  • People v. Wah, 8503
    • United States
    • New York Supreme Court Appellate Division
    • April 23, 2019
    ...285, 102 N.E.3d 1066 [2018] ; People v. Valentin , 154 A.D.3d 474, 61 N.Y.S.3d 479 [1st Dept. 2017] ; 99 N.Y.S.3d 21 People v. Santiago , 155 A.D.3d 506, 65 N.Y.S.3d 35 [1st Dept. 2017], lv dismissed 30 N.Y.3d 1119, 77 N.Y.S.3d 344, 101 N.E.3d 985 [2018] ; People v. Kareem , 148 A.D.3d 550,......
  • Tiffany H.-C. v. Martin B.,
    • United States
    • New York Supreme Court Appellate Division
    • November 21, 2017
    ...enrolled in.Furthermore, the record showed that the mother took appropriate steps to address the children's challenges and learning 65 N.Y.S.3d 35disabilities by working with their school and obtaining necessary services for them (see Matter of Liza R. v. Lin F., 110 A.D.3d 513, 972 N.Y.S.2......
  • People v. Goldman
    • United States
    • New York Supreme Court Appellate Division
    • November 21, 2017
    ...155 A.D.3d 50663 N.Y.S.3d 862 (Mem)The PEOPLE of the State of New York, Respondent,v.Reginald GOLDMAN, Defendant–Appellant.Supreme Court, Appellate Division, First Department, New York.Nov. 21, 2017.Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of Counsel), for appel......
  • People v. Yebaoh
    • United States
    • New York Supreme Court Appellate Division
    • November 21, 2017
    ...155 A.D.3d 50663 N.Y.S.3d 861 (Mem)The PEOPLE of the State of New York, Respondent,v.Jeffrey YEBAOH, Defendant–Appellant.Supreme Court, Appellate Division, First Department, New York.Nov. 21, 2017.Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of Counsel), for appellant.......
4 cases
  • People v. Wah, 8503
    • United States
    • New York Supreme Court Appellate Division
    • April 23, 2019
    ...285, 102 N.E.3d 1066 [2018] ; People v. Valentin , 154 A.D.3d 474, 61 N.Y.S.3d 479 [1st Dept. 2017] ; 99 N.Y.S.3d 21 People v. Santiago , 155 A.D.3d 506, 65 N.Y.S.3d 35 [1st Dept. 2017], lv dismissed 30 N.Y.3d 1119, 77 N.Y.S.3d 344, 101 N.E.3d 985 [2018] ; People v. Kareem , 148 A.D.3d 550,......
  • Tiffany H.-C. v. Martin B.,
    • United States
    • New York Supreme Court Appellate Division
    • November 21, 2017
    ...enrolled in.Furthermore, the record showed that the mother took appropriate steps to address the children's challenges and learning 65 N.Y.S.3d 35disabilities by working with their school and obtaining necessary services for them (see Matter of Liza R. v. Lin F., 110 A.D.3d 513, 972 N.Y.S.2......
  • People v. Goldman
    • United States
    • New York Supreme Court Appellate Division
    • November 21, 2017
    ...155 A.D.3d 50663 N.Y.S.3d 862 (Mem)The PEOPLE of the State of New York, Respondent,v.Reginald GOLDMAN, Defendant–Appellant.Supreme Court, Appellate Division, First Department, New York.Nov. 21, 2017.Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of Counsel), for appel......
  • People v. Yebaoh
    • United States
    • New York Supreme Court Appellate Division
    • November 21, 2017
    ...155 A.D.3d 50663 N.Y.S.3d 861 (Mem)The PEOPLE of the State of New York, Respondent,v.Jeffrey YEBAOH, Defendant–Appellant.Supreme Court, Appellate Division, First Department, New York.Nov. 21, 2017.Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of Counsel), for appellant.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT