Legal Opinion

People v. Garcia

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 2016PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered September 7, 2010. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). Contrary to defendant’s contention, Supreme Court properly denied his request to charge the jury on the lesser included offense of manslaughter in the first degree (§ 125.20 [1]). An…

2Cases cited17 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. Hernandez v. New YorkSupreme Court of the United States · 1991
  4. People v. GloverNew York Court of Appeals · 1982
  5. People v. HernandezNew York Court of Appeals · 1990

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3Cited by3 opinions

  1. People v. PaytonAppellate Division of the Supreme Court of the State of New York · 2017
  2. PAYTON, LEEVESTER L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. PaytonAppellate Division of the Supreme Court of the State of New York · 2017

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