Legal Opinion
People v. Rivera
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 1988PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
This is an appeal from a judgment convicting defendant of the crime of manslaughter in the first degree and sentencing him to an indeterminate term of 8V3 to 25 years in prison. Because of two errors made by the trial court, we reverse and remand for a new trial.
First, a charge on justification, including justification in defense of third persons, should have been given in view of the conduct which the deceased exhibited toward the defendant and his family. Second, the trial court denied defendant’s request to obtain the deceased’s psychiatric records. Those…
2Cases cited3 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. GoetzNew York Court of Appeals · 1986
- People v. PadgettNew York Court of Appeals · 1983
3Cited by14 opinions
- Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
- Bonilla v. LeeDistrict Court, S.D. New York · 2014
- People v. DouglasAppellate Division of the Supreme Court of the State of New York · 2006
- People v. O'NealAppellate Division of the Supreme Court of the State of New York · 1991
- People v. Cesar G.Criminal Court of the City of New York · 1991
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