Legal Opinion

People v. Gathers

Appellate Division of the Supreme Court of the State of New York

Decided September 21, 2004PublishedCited by 4 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered September 17, 2002, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 4½ to 13½ years, unanimously affirmed.

Defendant’s contention that the trial court did not provide a meaningful response to a jury note is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that, after considering the note it received from a dissenting juror about allegedly belligerent conduct by other jurors, as well as a collective…

2Cases cited3 opinions

  1. People v. LavenderAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. SampsonAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. CochranAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. HaxhiaAppellate Division of the Supreme Court of the State of New York · 2011
  3. Avila v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 2013

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