People v. Topolski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered November 26, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting *1160him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). Contrary to defendant’s contention, Supreme Court properly refused to charge manslaughter in the second degree as a lesser included offense of murder in the…
2Cases cited20 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- People v. CrimminsNew York Court of Appeals · 1975
- Mincey v. ArizonaSupreme Court of the United States · 1978
- People v. GloverNew York Court of Appeals · 1982
- People v. VentimigliaNew York Court of Appeals · 1981
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3Cited by8 opinions
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- People v. SumterAppellate Division of the Supreme Court of the State of New York · 2009
- People v. CraftAppellate Division of the Supreme Court of the State of New York · 2008
- HOLLAND, JOHN E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
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