Legal Opinion
People v. Moore
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2009PublishedCited by 4 opinions
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered December 22, 2006, convicting him of burglary in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
A defendant is not entitled to the submission of a lesser-included offense (see CPL 1.20 [37]) unless, viewing the evidence in the light most favorable to the defendant (see People v Martin, 59 NY2d 704, 705 [1983]), there is a reasonable view of the evidence under which the jury could conclude that the…
2Cases cited11 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. GloverNew York Court of Appeals · 1982
- Portuondo v. AgardSupreme Court of the United States · 2000
- People v. MartinNew York Court of Appeals · 1983
- People v. ButlerNew York Court of Appeals · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. CuestaAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FaberAppellate Division of the Supreme Court of the State of New York · 2009
- People v. CuestaAppellate Division of the Supreme Court of the State of New York · 2013
- People v. McCulloughAppellate Division of the Supreme Court of the State of New York · 2019