Legal Opinion
The People v. Terrell Allen
New York Court of Appeals
Decided November 25, 2014No. 206PublishedCited by 86 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The primary issue presented by this appeal is whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. We hold that such error must be preserved, and find that none of the other issues raised by defendant warrant reversal.
On June 22, 2008, shortly before 1:30 a.m., defendant attempted to shoot the victim while he was in the street, but the gun did not fire. Approximately 10 minutes later, by the stoop in front of the victim’s house, defendant fired two shots, one…
2Cases cited15 opinions
- People v. DuncanNew York Court of Appeals · 1978
- People v. BecoatsNew York Court of Appeals · 2011
- People v. AlonzoNew York Court of Appeals · 2011
- People v. CorbyNew York Court of Appeals · 2005
- People v. NievesNew York Court of Appeals · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- The People v. Terrance L. MackNew York Court of Appeals · 2016
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 2016
- People v. McCartyAppellate Division of the Supreme Court of the State of New York · 2023
- People v. GravesAppellate Division of the Supreme Court of the State of New York · 2016
- People v. AganAppellate Division of the Supreme Court of the State of New York · 2022
81 more not listed; retrieve them via the Exa API.