Legal Opinion
People v. Mills
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2002PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Gorski, J.
The principal issue on this appeal is whether defendant waived the statute of limitations applicable to criminally negligent homicide (Penal Law § 125.10) by"requesting that County Court charge that crime as a lesser included offense of murder in the second degree (§ 125.25 [2] [depraved indifference murder]), for which there is no statute of limitations. We conclude that, by requesting that the lesser included offense be charged, defendant thereby waived any statute of limitations defense with respect to that crime.
In 2000, defendant was indicted for murder in…
2Cases cited20 opinions
- People v. KohutNew York Court of Appeals · 1972
- People v. FosterNew York Court of Appeals · 1967
- People v. MayoNew York Court of Appeals · 1975
- People v. IannielloNew York Court of Appeals · 1968
- MATTER OF BEACH v. ShanleyNew York Court of Appeals · 1984
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3Cited by2 opinions
- Turner v. SabourinDistrict Court, E.D. New York · 2003
- People v. SylvesterAppellate Division of the Supreme Court of the State of New York · 2020