Legal Opinion

People v. Cotto

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

Decided April 8, 1988PublishedCited by 1 opinion

1Opinion of the Court

— Judgment unanimously affirmed.

Memorandum: Defendant was convicted of first degree manslaughter as a lesser included offense of second degree murder for shooting an acquaintance. Defendant’s primary claim is that the court’s charge and supplemental charge on justification were inadequate and require reversal. Defendant, however, did not object to the supplemental charge and did not preserve that issue for review (CPL 470.05 [2]). In any event, the court’s entire charge adequately explained the justification defense and clarified the People’s burden of proof on this issue (see, People v…

2Cases cited5 opinions

  1. People v. GoetzNew York Court of Appeals · 1986
  2. In re PadillaNew York Court of Appeals · 1986
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. ComfortAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. CrosbyAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by1 opinion

  1. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1990

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