Legal Opinion

People v. Medina

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

Decided November 8, 1996PublishedCited by 8 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant contends that, because the amended bill of particulars refers only to shaking the child, it limits the theory of the People’s case to such proof. He contends that County Court therefore erred in refusing his request to instruct the jury in accordance with the language of the amended bill of particulars and erred in instructing the jury that they could convict defendant if they found that he impacted the child’s head on an object. We disagree. The indictment alleges that defendant caused the death of a child "by repeatedly shaking [the…

2Cases cited2 opinions

  1. People v. WidemanAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. HinchyAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by8 opinions

  1. People v. BarretoAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. RansdellAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2000

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