Legal Opinion
People v. Duncan
New York Supreme Court
Decided February 20, 2001PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Guy J. Mangano, Jr., J.
The defendant stands convicted after a jury trial of assault in the second degree (Penal Law § 120.05) and menacing in the third degree (Penal Law § 120.15). Prior to summations, the People made a request for a missing witness charge based upon testimony given by the defendant. After the verdict, but before sentencing, defendant moved by notice of motion dated February 7, 2001, pursuant to GPL 330.30, for an order setting aside the verdict. The People have submitted opposition to the motion. For purposes of judicial economy, this court will consider…
2Cases cited47 opinions
- Holland v. United StatesSupreme Court of the United States · 1955
- Victor v. NebraskaSupreme Court of the United States · 1994
- People v. GonzalezNew York Court of Appeals · 1986
- People v. TaranovichNew York Court of Appeals · 1975
- People v. AntommarchiNew York Court of Appeals · 1992
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3Cited by2 opinions
- People v. DuncanAppellate Division of the Supreme Court of the State of New York · 2003
- People v. DawkinsAppellate Division of the Supreme Court of the State of New York · 2001