Legal Opinion

People v. Stewart

New York Court of Appeals

Decided March 30, 1993PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of criminal possession of a weapon in the second and third degrees and assault in the second and third degrees. The evidence was that the defendant argued with his neighbor about defendant’s dog and then shot his neighbor. The jury disbelieved the defense of alibi.

We conclude that neither issue raised by defendant on this appeal has been preserved for review.

First, during their deliberations the jury asked for a "written list of elements for each charge.” The…

2Cases cited2 opinions

  1. People v. O'RamaNew York Court of Appeals · 1991
  2. People v. DeRosarioNew York Court of Appeals · 1993

3Cited by18 opinions

  1. People v. DexheimerAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. WellingtonAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. StarksAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. McCrayAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. CaraballoAppellate Division of the Supreme Court of the State of New York · 1995

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