New York Court of Appeals

The People of the State of New York, Respondent v. Arthur Mills, Appellant

October 28, 20031 N.Y.3d 269

Summary

The Court affirmed the conviction for criminally negligent homicide, holding that when an indictment is supported by legally sufficient evidence, a defendant’s request to charge a lesser included offense waives any statute‑of‑limitations defense to that lesser offense. The Court also affirmed the trial court’s denial of the marital‑privilege claim. Justice G.B. Smith dissented, arguing that no waiver occurred and the conviction should be vacated.