Legal Opinion
People v. Brooks
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1990PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The trial court erred in refusing defendant’s request to charge criminally negligent homicide (Penal Law § 125.10), in addition to manslaughter in the second degree (Penal Law § 125.15), as a lesser included offense of murder in the second degree (Penal Law § 125.25 [1]). The record indicates that there is a reasonable view of the evidence that the defendant may have been guilty of criminally negligent homicide but not the greater crimes (see, People v Glover, 57 NY2d 61; People v…
2Cases cited4 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. StanfieldNew York Court of Appeals · 1975
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- People v. IrizarryAppellate Division of the Supreme Court of the State of New York · 1995
- People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2016
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
- MORRIS, DARSHAWN A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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