Legal Opinion

People v. Kithcart

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 2011PublishedCited by 21 opinions

1Opinion of the Court

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered February 1, 2006. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [3] [felony murder]), defendant contends that the evi*1559dence is legally insufficient to establish the underlying felony of rape or attempted rape. Even assuming, arguendo, that defendant’s motion for a…

2Cases cited17 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. BaldiNew York Court of Appeals · 1981
  5. People v. GrayNew York Court of Appeals · 1995

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. People v. PetersAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. CapersAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. KirkAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2012

16 more not listed; retrieve them via the Exa API.

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