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Legal Opinion

People v. McManus

New York Court of Appeals

Decided June 10, 1986PublishedCited by 173 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

Justification is a defense to depraved indifference murder and, where evidence supporting the defense has been presented, refusal to instruct the jury that the People must disprove justification beyond a reasonable doubt is reversible error. We, therefore, reverse the order of the Appellate Division which affirmed defendant’s conviction and remit for a new trial.

Defendant was indicted on one count each of intentional murder (Penal Law § 125.25 [1]) and depraved indifference murder (Penal Law § 125.25 [2]) for firing a shot into a group of youths and fatally…

2Cases cited15 opinions

  1. People v. AlmodovarNew York Court of Appeals · 1984
  2. People v. WattsNew York Court of Appeals · 1982
  3. People v. RegisterNew York Court of Appeals · 1983
  4. People v. PadgettNew York Court of Appeals · 1983
  5. People v. SteeleNew York Court of Appeals · 1970

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3Cited by173 opinions

  1. People v. GoetzNew York Court of Appeals · 1986
  2. People v. LancasterNew York Court of Appeals · 1986
  3. People v. PonsNew York Court of Appeals · 1986
  4. Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
  5. People v. PettyNew York Court of Appeals · 2006

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

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