Legal Opinion
People v. Jackson
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 1994PublishedCited by 15 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered March 27, 1991, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
It is incumbent upon a defendant who seeks to avail himself of the "non-slayer” affirmative defense contained in Penal Law § 125.25 (3), "by way of mitigation, to demonstrate that his culpability is relatively minor and that he should not be held answerable to a felony murder charge. * * * [I]t is his *863burden to persuade the jury that he had 'nothing to do…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BornholdtNew York Court of Appeals · 1973
- People v. BrailsfordAppellate Division of the Supreme Court of the State of New York · 1984
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BalackyAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by15 opinions
- People v. BriggsAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BriggsAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. OcasioAppellate Division of the Supreme Court of the State of New York · 2004
- People v. GonzalesAppellate Division of the Supreme Court of the State of New York · 2008
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