Legal Opinion
People v. Cooper
New York Court of Appeals
Decided November 21, 1991PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
When a defendant’s prior conviction raises the grade of an offense, and thus becomes an element of the higher grade offense, the Criminal Procedure Law — reflecting a concern for potential prejudice and unfairness to the defendant in putting earlier convictions before the jury — specifies a procedure for alleging and proving the prior convictions (CPL 200.60). This appeal requires us to construe CPL 200.60 in the context of a prosecution for vehicular manslaughter in the first degree, where the element that raised the offense charged was not simply a prior…
2Cases cited3 opinions
- People v. BennettNew York Court of Appeals · 1982
- People v. De SantisNew York Court of Appeals · 1953
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by65 opinions
- People v. LaporteAppellate Division of the Supreme Court of the State of New York · 1992
- People v. KeenerAppellate Division of the Supreme Court of the State of New York · 2017
- People v. AlshoaibiAppellate Division of the Supreme Court of the State of New York · 2000
- People v. DominAppellate Division of the Supreme Court of the State of New York · 2001
- People v. GaddyAppellate Division of the Supreme Court of the State of New York · 1993
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