Legal Opinion

People v. Burnett

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

Decided November 16, 2012PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered October 3, 2008. The judgment convicted defendant, upon a jury verdict, of assault in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: On appeal from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]), defendant contends that Supreme Court erred in refusing his request to charge assault in the second degree under Penal Law § 120.05 (2) and (4) as lesser…

2Cases cited8 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. GreenNew York Court of Appeals · 1982
  4. People v. ScarboroughNew York Court of Appeals · 1980
  5. People v. Van NorstrandNew York Court of Appeals · 1995

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3Cited by6 opinions

  1. People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. GramajoAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. MirandaAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 2014

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