People v. Fernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
McGuire, J.
In reversing the defendant’s conviction in Morissette v United States (342 US 246 [1952]), Justice Jackson stated for a unanimous Supreme Court that “[t]his would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried and submitted to the jury as to raise questions both fundamental and far-reaching in federal criminal law” (id. at 247). We conclude that essentially the same fundamental error was made in this case when defendant’s request that criminally negligent homicide be submitted to the jury was denied.
The…
2Cases cited17 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. HeideNew York Court of Appeals · 1994
- People v. MussendenNew York Court of Appeals · 1955
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3Cited by14 opinions
- People v. GuillenAppellate Division of the Supreme Court of the State of New York · 2009
- People v. CesarioAppellate Division of the Supreme Court of the State of New York · 2010
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2011
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2009
- Kidwell v. Sybaritic, Inc.Supreme Court of Minnesota · 2010
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