People v. Myers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered September 28, 1987, convicting him of murder in the second degree (two counts) and attempted rape in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the trial court erred in refusing to charge depraved indifference murder (see, Penal Law § 125.25 [2]) and felony murder (see, Penal Law § 125.25 [3]) in the alternative is without merit. Unlike the crime of intentional murder (see, Penal Law § 125.25 [1]; People v…
2Cases cited6 opinions
- People v. GallagherNew York Court of Appeals · 1987
- People v. LuscombNew York Court of Appeals · 1944
- People v. SampsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PaxhiaAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CiscoAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by3 opinions
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1991
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LaDolceNew York Supreme Court · 1994