People v. Malinowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, P. J.
This is an appeal from a judgment of the County Court of Rensselaer County, rendered April 25, 1972 upon a jury verdict, convicting defendant of the crimes of manslaughter in the first degree and of felony murder.
The defendant on this appeal raises several issues, but we need only consider one.
The defendant was indicted on two counts: Count I — alleged violation of subdivision 1 of section 125.25 of the Penal Law, known as common-law murder; Count II — alleged violation of subdivision 3 of the same section commonly known as a felony murder, both counts being Class A felonies. The affirmative…
2Cases cited8 opinions
- Michelson v. United StatesSupreme Court of the United States · 1949
- Gallegos v. ColoradoSupreme Court of the United States · 1962
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. ColantoneNew York Court of Appeals · 1926
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3Cited by3 opinions
- People v. PryorAppellate Division of the Supreme Court of the State of New York · 1979
- People v. DurrantAppellate Division of the Supreme Court of the State of New York · 2019
- People v. MalinoskiAppellate Division of the Supreme Court of the State of New York · 1975