People v. Horning
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a second jury trial of manslaughter in the first degree (Penal Law § 125.20 [1]) and sentencing him to a term of imprisonment of 8V3 to 25 years. This Court reversed the judgment of conviction following the first trial on the ground that the jury verdict convicting defendant of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) and manslaughter in the first degree (Penal Law § 125.20 [1]) was repugnant, and we granted a new trial (People v Horning, 263 AD2d 955,…
2Cases cited12 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. GoodwinSupreme Court of the United States · 1982
- Alabama v. SmithSupreme Court of the United States · 1989
- People v. BarnesNew York Court of Appeals · 1980
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3Cited by5 opinions
- People v. OcampoAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CasanovaAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BludsonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2003
- People v. HorningAppellate Division of the Supreme Court of the State of New York · 2008