People v. Gause
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered February 21, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed as a matter of discretion in the interest of justice and on the law, count two of the indictment is dismissed and a new trial is granted on count one of the indictment.
Memorandum: Defendant appeals from a judgment convicting *1333him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [2]…
2Cases cited12 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. SuarezNew York Court of Appeals · 2005
- People v. PayneNew York Court of Appeals · 2004
- People v. FingerNew York Court of Appeals · 2000
- People v. SaxtonAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by5 opinions
- People v. GauseNew York Court of Appeals · 2012
- People v. DesiusAppellate Division of the Supreme Court of the State of New York · 2020
- People v. GauseAppellate Division of the Supreme Court of the State of New York · 2011
- GAUSE, DERRICK, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2018