Legal Opinion

People v. Troy

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

Decided June 25, 1990PublishedCited by 11 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered December 20, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues that the court erred when it failed to charge that guilt had to be proven to a "moral certainty”. Preliminarily, we note that this argument has not been preserved for appellate review (CPL 470.05 [2]; People v Hoke, 62 NY2d 1022; People v Udzinski, 146 AD2d 245, 248-252). In any event, this argument must be…

2Cases cited16 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BarnesNew York Court of Appeals · 1980
  4. People v. MelendezNew York Court of Appeals · 1982
  5. People v. Yut Wai TomNew York Court of Appeals · 1981

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. ReadAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. SerranoAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. MeadeAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. BarronAppellate Division of the Supreme Court of the State of New York · 2003

6 more not listed; retrieve them via the Exa API.

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