Legal Opinion
People v. Usher
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1972PublishedCited by 19 opinions
1Opinion of the CourtDel Vecchio, J.
Defendant was tried and convicted under an indictment charging manslaughter first degree in that on September 3, 1970 with intent to cause serious physical injury he stabbed one Guy Majors with a knife causing his death. Defendant was sentenced to an indeterminate term with a maximum of 15 years.
The sole issue presented is whether the court erred in refusing to charge the lesser degrees of homicide.
Manslaughter first degree consists of a killing committed1 ‘ with intent to cause serious physical injury ” (Penal Law, § 125.20, subd. 1). A person acts “ intentionally ” with respect to a result…
2Cases cited5 opinions
- People v. MussendenNew York Court of Appeals · 1955
- People v. . FlackNew York Court of Appeals · 1891
- People v. ClementeAppellate Division of the Supreme Court of the State of New York · 1954
- People v. ClementeNew York Court of Appeals · 1955
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by19 opinions
- People v. HelligerNew York Court of Appeals · 2001
- People v. HoyAppellate Division of the Supreme Court of the State of New York · 1986
- State v. HowardUtah Supreme Court · 1979
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1975
- United States Ex Rel. Johnson v. VincentDistrict Court, S.D. New York · 1974
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