Legal Opinion

People v. Tockash

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

Decided December 19, 2012PublishedCited by 1 opinion

1Opinion of the Court

Contrary to the defendant’s contention, the Supreme Court properly declined to charge coercion in the second degree as a lesser-included offense of coercion in the first degree (see People v Discala, 45 NY2d 38 [1978]; People v Eboli, 34 NY2d 281 [1974]).

The defendant’s contention that his conviction of coercion in the first degree was not supported by legally sufficient evidence is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find…

2Cases cited8 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. MateoNew York Court of Appeals · 2004

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

3Cited by1 opinion

  1. People v. ReaderAppellate Division of the Supreme Court of the State of New York · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API