Legal Opinion

People v. Cesario

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

Decided March 30, 2010PublishedCited by 7 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (John Carter, J.), rendered July 18, 2007, convicting defendant, after a jury trial, of manslaughter in the first degree (two counts), criminal possession of a weapon in the second degree and endangering the welfare of a child (two counts), and sentencing him to an aggregate term of 50 years, unanimously affirmed.

The court properly declined to submit manslaughter in the second degree as a lesser included offense. There was no reasonable view of the evidence, viewed most favorably to defendant and in light of the “principle of deference to the jury on…

2Cases cited2 opinions

  1. People v. ButlerNew York Court of Appeals · 1994
  2. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by7 opinions

  1. People v. LoraAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. GalarzaAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2017

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