People v. Brown
Appellate Division of the Supreme Court of the State of New York
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
- People v. BaldiNew York Court of Appeals · 1981
- People v. SidesNew York Court of Appeals · 1990
- People v. GallagherNew York Court of Appeals · 1987
- People v. SmithNew York Court of Appeals · 1993
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- People v. IppolitoAppellate Division of the Supreme Court of the State of New York · 1996