The People of the State of New York, Respondent v. Christopher Johnson, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the trial court's instruction allowing the jury to consider inconsistent murder counts in alternating order was permissible, that Penal Law §125.25(2) is not unconstitutionally vague, and that the failure to submit manslaughter in the second degree as a lesser included offense was not reversible because the jury never reached the lesser offense.