Legal Opinion
People v. Platt
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2002PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 15, 2000, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the Supreme Court properly declined to charge manslaughter in the second degree as a lesser-included offense of depraved indifference murder. Under no reasonable view of the evidence could the jury have found that the defendant committed the lesser offense but not the greater when he fired a semiautomatic…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MartinNew York Court of Appeals · 1983
- People v. . JernatowskiNew York Court of Appeals · 1924
- People v. ReeseAppellate Division of the Supreme Court of the State of New York · 2000
- People v. Jin WaiAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 2006
- People v. LibardiAppellate Division of the Supreme Court of the State of New York · 2004
- People v. PlattAppellate Division of the Supreme Court of the State of New York · 2005
- People v. TinchAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PlattAppellate Division of the Supreme Court of the State of New York · 2004