Legal Opinion
People v. Montgomery
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1994PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenberger, J.
At about three o’clock one afternoon, the defendant and three other teenagers surrounded a student on the subway and attempted to steal her earrings. When the student resisted, the defendant stabbed her in the back with a kitchen knife, puncturing her left lung and aorta. The victim bled to death within minutes. Numerous passengers on a well-lit train witnessed the incident.
The defendant was later arrested, and two postarrest lineups were conducted. Fillers were recruited whose average age was 34, 19 years older than the 15-year-old defendant; one stand-in…
2Cases cited5 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- People v. MalloyNew York Court of Appeals · 1982
- People v. SantarelliNew York Court of Appeals · 1980
- 303 West 42nd Street Corp. v. KleinNew York Court of Appeals · 1979
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by5 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ErbyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Hok Ming ChanAppellate Division of the Supreme Court of the State of New York · 1997
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1996
- People v. SharpAppellate Division of the Supreme Court of the State of New York · 2018