Legal Opinion
People v. Dukett
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1989PublishedCited by 4 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of murder in the second degree (Penal Law § 125.25 [1]) and depraved mind murder (Penal Law § 125.25 [2]). Defendant correctly claims that the court erred in failing to charge the murder counts in the alternative (People v Gallagher, 69 NY2d 525) and that the prosecutor exceeded the bounds of proper advocacy by referring to defendant’s testimony as unworthy of belief (People v Ivey, 83 AD2d 788). Defendant, however, made no request for a jury instruction on each murder count in the alternative, and…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- In re PadillaNew York Court of Appeals · 1986
- People v. GallagherNew York Court of Appeals · 1987
- People v. IveyAppellate Division of the Supreme Court of the State of New York · 1981
- People v. ClaudioAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. CareyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GarnerAppellate Division of the Supreme Court of the State of New York · 1991
- People v. FelderAppellate Division of the Supreme Court of the State of New York · 1991
- People v. PeakAppellate Division of the Supreme Court of the State of New York · 1991