Legal Opinion

People v. Murray

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

Decided October 11, 1994PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered September 1, 1992, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in refusing to charge manslaughter in the second degree as a lesser-included offense of depraved indifference murder. We find, however, that there was no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense but not the greater (see, CPL 300.50…

2Cases cited3 opinions

  1. People v. RoeNew York Court of Appeals · 1989
  2. People v. OchoaAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. ZebrowskiAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by4 opinions

  1. Kevin Murray v. Charles Greiner, Superintendent, Julio Cesar Arce v. Brian Fischer, SuperintendentCourt of Appeals for the Second Circuit · 2005
  2. People v. TinchAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. VargasAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2000

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