Legal Opinion
People v. Cooper
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1989PublishedCited by 15 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant’s claim that the People impermissibly changed the theory of prosecution is without merit. The indictment charged defendant with attempted murder, assault and reckless endangerment by dropping Debra Pope from the windowsill of a second-story apartment. The People presented proof in support of that theory at trial, and the trial court instructed the jury only on that theory. Under these circumstances, the People did not impermissibly stray from the factual theory of the indictment (see, People v Grega, 72 NY2d 489).
The claim that the court…
2Cases cited4 opinions
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by15 opinions
- Garvey v. DuncanCourt of Appeals for the Second Circuit · 2007
- People v. WitherspoonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. DawkinsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. CobleAppellate Division of the Supreme Court of the State of New York · 1990
- People v. HerrAppellate Division of the Supreme Court of the State of New York · 1994
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