Legal Opinion
People v. Spears
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 2000PublishedCited by 4 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered October 8, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the trial court correctly refused to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree, as there was no reasonable view of the evidence that would support a finding that the defendant intended to cause serious…
2Cases cited7 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. RiellyAppellate Division of the Supreme Court of the State of New York · 1993
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 1995
- People v. DennisAppellate Division of the Supreme Court of the State of New York · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bonilla v. LeeDistrict Court, S.D. New York · 2014
- People v. GauzeAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2012