Legal Opinion

People v. Alvarez

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

Decided September 18, 2008PublishedCited by 8 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 21, 2004, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 20 years, unanimously affirmed.

Since the court’s reference to numerical majorities did not result in a constitutionally deficient jury instruction, counsel’s failure to object to that reference did not deprive defendant of *613effective assistance. Although the court employed language that we disapproved in People v Johnson (11 AD3d 224 [2004]), it did so only in the context of the requirement…

2Cases cited4 opinions

  1. People v. MartinezNew York Court of Appeals · 1988
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. GortspujulsAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. HendersonAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by8 opinions

  1. People v. WilliamsAppellate Terms of the Supreme Court of New York · 2012
  2. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. WingfieldAppellate Division of the Supreme Court of the State of New York · 2011
  4. Brown v. GreeneCourt of Appeals for the Second Circuit · 2009
  5. Brown v. GreeneCourt of Appeals for the Second Circuit · 2009

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