Legal Opinion

People v. Gauze

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

Decided January 20, 2004PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered May 8, 2001, convicting him of murder in the second degree, assault in the second degree, endangering the welfare of a child (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court correctly refused to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree, as there was no reasonable view of the evidence that would support a finding…

2Cases cited9 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. VentimigliaNew York Court of Appeals · 1981
  3. People v. MartinNew York Court of Appeals · 1983
  4. People v. SantarelliNew York Court of Appeals · 1980
  5. People v. ButlerNew York Court of Appeals · 1994

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3Cited by6 opinions

  1. People v. EkwegbaluAppellate Division of the Supreme Court of the State of New York · 2015
  2. Bonilla v. LeeDistrict Court, S.D. New York · 2014
  3. People v. CalasAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. VandenkoAppellate Division of the Supreme Court of the State of New York · 2010

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

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