Legal Opinion

People v. Shearer

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

Decided May 2, 2006PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Westchester County (Walker, J), rendered March 10, 2004, convicting him of murder in the second degree, upon his plea of guilty, and imposing a sentence.

Ordered that the judgment is affirmed.

*609The defendant’s contention that the circumstances surrounding his shooting of the victim in this case did not constitute depraved indifference murder (see Penal Law § 125.25 [2]; People v Suarez, 6 NY3d 202 [2005]; People v Payne, 3 NY3d 266 [2004] ), was forfeited by his plea of guilty to that crime (see People v Thomas, 53 NY2d 338 [1981]).

The…

2Cases cited7 opinions

  1. People v. SuarezNew York Court of Appeals · 2005
  2. People v. PayneNew York Court of Appeals · 2004
  3. People v. ThomasNew York Court of Appeals · 1981
  4. People v. CattsAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2005

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

3Cited by6 opinions

  1. People v. AntoineAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. BoltonAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. SkyaAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. BasnightAppellate Division of the Supreme Court of the State of New York · 2007

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

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