Legal Opinion

People v. Kahan

New York Supreme Court

Decided July 13, 1982PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Rose L. Rubin, J.

This case raises issues related to the nettlesome questions which divided the Court of Appeals four to three and which elicited three written opinions in Matter of Torsney (47 NY2d 667).

i.

In a tragic incident occurring on April 15, 1977, the defendant raped, sodomized and choked to death a 16-year-*726old Vietnamese girl. He was indicted and charged with the crimes of murder in the second degree (two counts), rape in the first degree and sodomy in the first degree. After a nonjury trial, he was found “not responsible by reason of mental disease or defect,” by…

2Cases cited3 opinions

  1. People v. JonesNew York Court of Appeals · 1979
  2. Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
  3. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by4 opinions

  1. Matter of James Q.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of John Z.Appellate Division of the Supreme Court of the State of New York · 2015
  3. In re FleszarNew York Supreme Court · 1983
  4. Matter of James Q.Appellate Division of the Supreme Court of the State of New York · 2017

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