Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 1989PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Lawrence, J.
On this appeal, the defendant challenges the validity of his conviction of murder in the second degree (felony murder) (Penal Law § 125.25 [3])1. We find that under the circumstances, the conviction may have been premised on conduct for which the defendant, who was 15 years old when the crime was committed, could not be held criminally responsible as an adult (Penal Law § 30.00 [2]).2 Accordingly, the defendant’s conviction must be reversed and a new trial ordered.
The defendant was indicted, as a juvenile offender, for felony murder (Penal Law § 125.25 [3]) and…
2Cases cited4 opinions
- People v. RoeNew York Court of Appeals · 1989
- People v. RoperNew York Court of Appeals · 1932
- People v. BrailsfordAppellate Division of the Supreme Court of the State of New York · 1984
- People v. EnnisAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by10 opinions
- People v. LoliscioAppellate Division of the Supreme Court of the State of New York · 1993
- People v. StoweAppellate Division of the Supreme Court of the State of New York · 2005
- People v. BurnettAppellate Division of the Supreme Court of the State of New York · 1994
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1996
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1992
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