Legal Opinion
People v. Wells
New York Court of Appeals
Decided May 11, 2006PublishedCited by 43 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
This appeal focuses on whether a single charge of attempted intentional murder is duplicitous when the evidence adduced at trial demonstrates that the defendant fired a gun in the direction of more than one individual but does not definitively establish the identity of the intended victim. Based on the reasoning expressed in People v Fernandez (88 NY2d 777 [1996]), we conclude that such a charge is not defective and, thus, may be submitted to the jury.
I
On October 13, 1999, defendant Terence Wells and his accomplice Lerone Grant planned to rob a Manhattan bakery.…
2Cases cited15 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. MateoNew York Court of Appeals · 2004
- Purkett v. ElemSupreme Court of the United States · 1995
- People v. HernandezNew York Court of Appeals · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- People v. KnowlesAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KaidAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2007
38 more not listed; retrieve them via the Exa API.