Legal Opinion · Dissent

People v. Cruickshank

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

Decided January 17, 1985Published

1DissentKane, J.

I would affirm the judgment of conviction. Adjudicating this defendant a youthful offender under the circumstances presented is neither appropriate nor do I believe it to be within the contemplation of the statutory framework providing for such a procedure.

Defendant was tried under an indictment charging her with murder in the second degree. She was convicted of manslaughter in the first degree. The trial court in its charge instructed the jury with regard to the defense of justification, or as the court described it, that which “in layman’s terms is known as the defense of self-defense”. Had…

2Cases cited5 opinions

  1. People v. CasassaNew York Court of Appeals · 1980
  2. People v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. BruceAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1978

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