People State New York v. Elery Thomas

The defendant was convicted of murder for stabbing and killing a woman and her two children in their Bronx apartment. The Appellate Division reversed and ordered a new trial on the ground that the courts charge on intent violated the Supreme Courts recent decision in Sandstrom v Montana (442 U.S. 510). The Appellate Division also held that the error was not harmless and was reviewable as a question of law although the defendant had not preserved the point by objecting to this portion of the charge at trial. The People have appealed.