Legal Opinion
People v. Luciano
New York Court of Appeals
Decided December 7, 1978PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
On the present record, the trial court properly refused to charge the jury that it could consider lack of motive in determining defendant’s guilt. Although in some circumstances absence of motive evidence may tend to establish that defendant did not commit the act charged or that he lacked the requisite intent (see, e.g., People v Sangamino, 258 NY 85, 87-88; People v Guadagnino, 233 NY 344, 348-349), here the commission of an intentional act was not in issue due to defendant’s own testimony and self-defense…
2Cases cited5 opinions
- People v. MontgomeryNew York Court of Appeals · 1969
- People v. CorsoNew York Court of Appeals · 1976
- People v. . JohnsonNew York Court of Appeals · 1893
- People v. SangaminoNew York Court of Appeals · 1932
- People v. . GuadagninoNew York Court of Appeals · 1922
3Cited by5 opinions
- People v. De BerryAppellate Division of the Supreme Court of the State of New York · 1979
- People v. RyanAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WaltonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. La BrunaAppellate Division of the Supreme Court of the State of New York · 1979
- People v. MotenAppellate Division of the Supreme Court of the State of New York · 1990