People v. Pennington
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment *920unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in charging intentional murder and depraved indifference murder in the conjunctive (see, People v Gallagher, 69 NY2d 525). That contention has not been preserved for our review (see, CPL 470.05 [2]; People v Martin, 50 NY2d 1029, 1031; see also, People v Gray, 86 NY2d 10), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Defendant further contends that he was denied effective assistance of counsel. We conclude…
2Cases cited8 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. GrayNew York Court of Appeals · 1995
- People v. MartinNew York Court of Appeals · 1980
- People v. GallagherNew York Court of Appeals · 1987
- People v. RogelioNew York Court of Appeals · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. HortonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PenningtonAppellate Division of the Supreme Court of the State of New York · 2013
- Pennington v. ClarkAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SweetAppellate Division of the Supreme Court of the State of New York · 1996
- Hartford Casualty Insurance v. PenningtonAppellate Division of the Supreme Court of the State of New York · 1999
5 more not listed; retrieve them via the Exa API.