Legal Opinion
People v. Simmons
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2010PublishedCited by 4 opinions
1Opinion of the Court
*1248Appeal by the People from so much of an order of the Supreme Court, Kings County (D’Ernie, J.), entered February 4, 2009, as granted that branch of the defendant’s motion pursuant to CPL 330.30 which was to reduce his conviction of murder in the first degree to murder in the second degree.
Ordered that the order is affirmed insofar as appealed from.
In considering a motion to set aside or modify a verdict pursuant to CPL 330.30 (1), a trial court may only consider questions of law, not fact (see People v Ventura, 66 NY2d 693, 695 [1985] ; People v Carter, 63 NY2d 530, 536 [1984]; People v…
2Cases cited17 opinions
- Griffin v. United StatesSupreme Court of the United States · 1991
- People v. WhalenNew York Court of Appeals · 1983
- People v. BarnesNew York Court of Appeals · 1980
- People v. CarterNew York Court of Appeals · 1984
- People v. GainesNew York Court of Appeals · 1989
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 2012
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SyvilleNew York Supreme Court · 2012