People v. Sanchez
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the Court
MEMORANDUM.
***950The order of the Appellate Division, insofar as appealed from, should be reversed and the case remitted to the Appellate Division for consideration of the facts ( CPL 470.25[2][d] ; 470.40[2][b] ) and issues raised but not determined on appeal to that Court. Viewing the evidence in the light most favorable to defendant (see People v. Watts, 57 N.Y.2d 299, 301, 456 N.Y.S.2d 677, 442 N.E.2d 1188 [1982] ), the trial court properly declined to charge the jury on the justification defense because, even assuming that the jury could rationally find that defendant subjectively…
2Cases cited10 opinions
- People v. WattsNew York Court of Appeals · 1982
- People v. McManusNew York Court of Appeals · 1986
- People v. CwiklaNew York Court of Appeals · 1979
- People v. CarterNew York Court of Appeals · 1981
- People v. ReynosoNew York Court of Appeals · 1988
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3Cited by7 opinions
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- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2020
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