People v. Hannigan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, P. J.
The primary question to be resolved on this appeal is whether the holding of the Court of Appeals in People v Sloan (79 NY2d 386) should be applied retroactively to the instant case, or prospectively only. In our view, the holding in People v Sloan (supra) should be applied prospectively under this State’s retroactivity rules.
I
The defendant was indicted, inter alia, for the brutal murder of Mrs. Judith Smith in her home in West Islip, Suffolk County, on August 17, 1988.
The record reveals that at the beginning of jury selection, the trial court, with defense…
Also in this document: Concurrence.
2Cases cited18 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. BigelowNew York Court of Appeals · 1985
- People v. AntommarchiNew York Court of Appeals · 1992
- People v. DokesNew York Court of Appeals · 1992
- People v. KinchenNew York Court of Appeals · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Guzman v. GreeneDistrict Court, E.D. New York · 2006
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MareroAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SaccoAppellate Division of the Supreme Court of the State of New York · 1993
16 more not listed; retrieve them via the Exa API.