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Legal Opinion

People v. Gallagher

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

Decided April 14, 1986PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The principal question which divides the court on this appeal is whether a reversal is warranted on the ground that the defendant was convicted of both intentional murder (Penal Law § 125.25 [1]) and manslaughter in the second degree (Penal Law § 125.15 [1]) for the fatal shooting of one person. While a new trial is not required on this basis, in the interest of justice, the judgment appealed from should be modified by reversing the conviction of manslaughter in the second degree.

The defendant was charged by the Grand Jury of Suffolk County with two counts of murder in the…

3Cases cited13 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. KennedyNew York Court of Appeals · 1979
  3. People v. GreenNew York Court of Appeals · 1982
  4. People v. RegisterNew York Court of Appeals · 1983
  5. People v. GrierNew York Court of Appeals · 1975

8 more not listed; retrieve them via the Exa API.

4Cited by3 opinions

  1. People v. MoloiAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. BrensicAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. RodgersNew York Supreme Court · 1988

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