Legal Opinion
People v. Perdue
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1979PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J. P.
Defendant was convicted of first degree manslaughter, felony murder, two counts of first degree robbery and petit larceny in connection with the fatal shooting of a grocer during an armed holdup of his store in Rochester on November 30, 1974.1 Among the questions defendant raises on appeal is whether the two robbery counts should have been dismissed pursuant to CPL 300.40 (subd 3, par [b]) as lesser inclusory concurrent counts of felony murder. Notwithstanding decisions to the contrary in the Second and Third Departments of the Appellate Division (e.g.,…
2Cases cited27 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- People v. LyttonNew York Court of Appeals · 1931
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. . NicholsNew York Court of Appeals · 1921
- People v. ShumanNew York Court of Appeals · 1975
22 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. PonderAppellate Division of the Supreme Court of the State of New York · 1980
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MaceAppellate Division of the Supreme Court of the State of New York · 1982
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 1980