Legal Opinion
People v. Cephas
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2012PublishedCited by 5 opinions
1Opinion of the Court
The Supreme Court submitted the charge of murder in the second degree (see Penal Law § 125.25 [1]) to the jury and, in the alternative, the lesser-included offense of manslaughter in the first degree (see Penal Law § 125.20 [1]). The Supreme Court denied the defendant’s request to charge manslaughter in the *669second degree (see Penal Law § 125.15 [1]). The jury found the defendant guilty of, inter alia, murder in the second degree. Where, as here, “a court charges the next lesser included offense of the crime alleged in the indictment, but refuses to charge lesser degrees than that . . . the…
2Cases cited9 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. BoettcherNew York Court of Appeals · 1987
- People v. JohnsonNew York Court of Appeals · 1996
- People v. GreenNew York Court of Appeals · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. AmbersAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LabossiereAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2016
- People v. AmbersAppellate Division of the Supreme Court of the State of New York · 2014
- People v. McIntoshAppellate Division of the Supreme Court of the State of New York · 2018