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Legal Opinion

People v. Cotto

New York Supreme Court

Decided March 25, 1996PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Marcy L. Kahn, J.

Defendant Richard Cotto stands charged with murder in the second degree and related crimes in connection with the shooting death on November 28, 1992 of Steven Davilla. This decision resolves the issues raised at the Sirois1 hearing held mid-trial on March 21, 22 and 25, 1996.

BACKGROUND

The People’s sole living eyewitness to the crime,2 Anthony Echevarria, had informed the prosecution on more than one occasion prior to the trial that he was present at the time the fatal wound was inflicted and that he observed the defendant inflict it. On Sunday, March 17,…

2Cases cited12 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. Reynolds v. United StatesSupreme Court of the United States · 1879
  3. People v. VentimigliaNew York Court of Appeals · 1981
  4. United States v. David Thai, Lan Ngoc Tran, Minh Do, Jimmy Nguyen, Hoang Huy Ngo, Quang Van Nguyen, and Lv Hong, A/K/A "l.v. Hong"Court of Appeals for the Second Circuit · 1994
  5. People v. GeraciNew York Court of Appeals · 1995

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3Cited by8 opinions

  1. Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
  2. People v. CottoNew York Court of Appeals · 1998
  3. State v. HallumSupreme Court of Iowa · 2000
  4. People v. CottoAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1998

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