A down-on-his-luck former poker champ, forced to now work as a bookie's collector, shoots and kills a man who owes money, but the gun was supposed to be filled with blanks. Who is responsible for the incident, and why?
Did You Know?
Permits are actually not required for antique rifles and pistols in New York City as long as they are either muzzle-loaders or they use "fixed cartridges" no longer commercially available and are meant for display only, like the Springfield percussion cap rifles Lou Cardinale has on display in his bar. Background checks are also not required for antique black-powder firearms and modern replicas of them. See more
Goren asks the ADA if they made a deal to charge Josh with third degree manslaughter or reckless endangerment but not murder. However there is no such criminal charge as third degree manslaughter in the state of New York. Manslaughter comes in two degrees, the most serious being manslaughter in the first degree (also known as voluntary manslaughter) which is charged when a person intentionally assaults another person and unintentionally causes their death. An example being a man starts a fight with someone in a bar and hits them over the head with a chair which causes their death. Manslaughter in the first degree is a class B felony with a minimum mandatory sentence of 5 years in prison and a maximum of 25 years. The other degree of manslaughter is manslaughter in the second degree (also known as involuntary manslaughter) which is charged when one person's actions show a reckless disregard for human life (actions that constitute reckless endangerment) and unintentionally causes the death of another person. An example being a teenage boy steals a car and leads police on a high speed chase, running red lights and stop signs and ignoring pedestrians in a crosswalk and hitting and killing one of them. Manslaughter in the second degree is a class C felony with a minimum mandatory sentence of 3 1/2 years in prison and a maximum sentence of 15 years. The only homicide related crime in New York state that is less severe than manslaughter in the second degree is criminally negligent homicide (it's possible this is what Goren is referring to although he should know it's not called third degree manslaughter), which is charged when a negligent action by one person unintentionally causes the death of another person. An example being a teenage girl is driving her car down the road and decides to respond to a text message without pulling over, because she is driving while distracted she goes off the street and crashes through a fence into someone's back yard hitting and killing a child playing in the yard. Criminally negligent homicide is a class E felony and can carry a minimum sentence of five years probation or a prison sentence of 1 1/2 to 4 years. See more