Legal Opinion

People v. McElroy

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

Decided May 18, 2016No. 2014-02764PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Gary, J.), dated February 20, 2014, as granted that branch of the defendant’s motion which was pursuant to CPL 330.30 (1) to reduce his conviction of assault in the second degree to assault in the third degree.

Ordered that the order is affirmed insofar as appealed from.

The evidence at trial established that, in the early morning hours of January 1, 2013, the defendant, who was intoxicated, was a passenger in a taxicab operated by Key Kim. The defendant and Kim had a disagreement about…

2Cases cited10 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CarterNew York Court of Appeals · 1981
  3. People v. RyanAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. HeierAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by8 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. HaideriAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. DesiusAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. AmesAppellate Division of the Supreme Court of the State of New York · 2023

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

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