People v. Montanez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [3] [felony murder]), manslaughter in the second degree (§ 125.15 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [former (2)]). Defendant contends that the evidence is legally insufficient to support the conviction of *1367felony murder because the People failed to establish the underlying crime of robbery or attempted robbery for that count. Defendant failed to preserve that contention for our review (see People v Gray, 86 NY2d 10, 19…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BaldiNew York Court of Appeals · 1981
- People v. GrayNew York Court of Appeals · 1995
- Medical Malpractice Insurance v. CuomoNew York Court of Appeals · 1989
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3Cited by6 opinions
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 2009
- LAMONT, JAFARI, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LamontAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LamontAppellate Division of the Supreme Court of the State of New York · 2014
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