Legal Opinion

People v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided January 13, 1994PublishedCited by 1 opinion

1Opinion of the Court

—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered February 20, 1990, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant was charged with two counts of murder in the second degree (Penal Law § 125.25 [1], [2]). Without objection, the trial court improperly charged the jury in the conjunctive rather than in the alternative (People v Gallagher, 69 NY2d 525). While the jury convicted defendant of both counts, the trial court only imposed sentence under the intentional…

2Cases cited5 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. SidesNew York Court of Appeals · 1990
  3. People v. GallagherNew York Court of Appeals · 1987
  4. People v. SmithNew York Court of Appeals · 1993
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. People v. IppolitoAppellate Division of the Supreme Court of the State of New York · 1996

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