Legal Opinion
Langston v. Smith
Court of Appeals for the Second Circuit
Decided January 7, 2011No. Docket 10-3045-prPublishedCited by 10 opinions
1Opinion of the Court
GERARD E. LYNCH, Circuit Judge:
In 2003, a New York jury convicted petitioner-appellee Kevin Langston of felony assault and criminal possession of a weapon in the second degree. 1 New York’s felony assault statute criminalizes actions taken “[i]n the course of and in furtherance of the commission ... of a felony” that cause “serious physical injury” to a non-participant. N.Y. Penal Law § 120.10(4). At trial, the prosecution demonstrated that one of Langston’s accomplices shot and seriously injured NYPD Detective Arthur Marquez during what appears to have been an attempted robbery. Langston was…
2Cases cited29 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Williams v. TaylorSupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Yarborough v. AlvaradoSupreme Court of the United States · 2004
- Coffin v. United StatesSupreme Court of the United States · 1895
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3Cited by10 opinions
- United States v. CoplanCourt of Appeals for the Second Circuit · 2012
- Evans v. FischerCourt of Appeals for the Second Circuit · 2013
- United States v. Urbano Castillo-MarinCourt of Appeals for the Ninth Circuit · 2012
- United States v. PaulingCourt of Appeals for the Second Circuit · 2019
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2011
5 more not listed; retrieve them via the Exa API.