Legal Opinion

People v. Soriano

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

Decided January 25, 2007PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered June 3, 2002, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second violent felony offender, to a term of 17 years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

Defendant raised a defense of justification at his jury trial for murder and manslaughter. In order to defeat the justification defense, the prosecution was required to prove that defendant subjectively knew that he could have retreated…

2Cases cited7 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. HarrisNew York Court of Appeals · 1982
  3. People v. HarrisNew York Court of Appeals · 2002
  4. People v. AdamsNew York Court of Appeals · 1987
  5. People v. La SusaAppellate Division of the Supreme Court of the State of New York · 1982

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

3Cited by5 opinions

  1. People v. HillAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. DiGuglielmoAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. McTiernanAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. MinorAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. MinorAppellate Division of the Supreme Court of the State of New York · 2013

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