Legal Opinion
People v. DeCapua
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2007PublishedCited by 7 opinions
1Opinion of the Court
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered September 5, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the conviction of murder in the second degree (Penal Law § 125.25 [2]) to manslaughter in the second degree (§ 125.15 [1]) and vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Monroe…
2Cases cited4 opinions
- People v. GonzalezNew York Court of Appeals · 2004
- Policano v. HerbertNew York Court of Appeals · 2006
- People v. McMillonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- People v. VaughanAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RamseyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. FiskeAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HeslopAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LittleAppellate Division of the Supreme Court of the State of New York · 2011
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