Legal Opinion

People v. Marziale

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

Decided April 30, 1992PublishedCited by 9 opinions

1Opinion of the CourtMahoney, J.

Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered July 29, 1991, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

Defendant was indicted for murder in the second degree and arson in the second degree in connection with the death of Robert Smith. The evidence establishes that defendant had been living with Smith’s estranged wife. Upon learning that the wife intended to reconcile with Smith, defendant admitted that he went to Smith’s home, parked his car at a distance from the residence and went the remaining…

2Cases cited4 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. SerranoNew York Court of Appeals · 1965
  3. People v. FrancabanderaNew York Court of Appeals · 1974
  4. People v. HibbardAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by9 opinions

  1. People v. BerezanskyAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. ConyersAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. OsgoodAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. TylerAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. MinguesAppellate Division of the Supreme Court of the State of New York · 1998

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