People v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of, inter alia, criminal trespass in the first degree (Penal Law §§ 20.00, 140.17 [3]), defendant contends that Supreme Court committed reversible error in its charge with respect to criminal trespass by refusing to instruct the jury that it must find that the shotgun recovered at the scene was operable.
Penal Law § 140.17 (3) requires, in relevant part, that a defendant know that another participant in the crime possesses “a firearm, rifle or shotgun under circumstances described in subdivision two.” Pursuant…
2Cases cited29 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BaldiNew York Court of Appeals · 1981
- People v. GrayNew York Court of Appeals · 1995
- Cruz v. New YorkSupreme Court of the United States · 1987
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3Cited by10 opinions
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2001
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2008
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MimsAppellate Division of the Supreme Court of the State of New York · 2000
- Lee v. RicksDistrict Court, W.D. New York · 2005
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