People v. Henderson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of murder in the second degree. The record fails to support his contention that the People’s proof at trial impermissibly varies from the allegations in the indictment (see, People v Grega, 72 NY2d 489, 495-496). It likewise fails to support the contention that defendant’s acquittal of criminal possession of a weapon in the fourth degree necessarily negated an essential element of the crime of murder in the second degree (see, CPL 300.30 [5]; People v Trappier, 87 NY2d 55, 58; see generally, People v…
2Cases cited12 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. BonaparteNew York Court of Appeals · 1991
- People v. TrappierNew York Court of Appeals · 1995
- People v. FordNew York Court of Appeals · 1991
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3Cited by5 opinions
- People v. CarrierAppellate Division of the Supreme Court of the State of New York · 2000
- People v. LibardiAppellate Division of the Supreme Court of the State of New York · 2004
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HaleAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2000