Legal Opinion

People v. Desmond

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

Decided April 4, 1983PublishedCited by 26 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered September 17, 1980, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant’s sole defense at trial was that of justification. There was conflicting testimony as to whether or not the decedent had threatened and attacked defendant with a knife. Defendant admitted that he stabbed the decedent. Subdivision 2 of section 35.15 of the Penal Law…

2Cases cited6 opinions

  1. People v. MillerNew York Court of Appeals · 1976
  2. Brown v. United StatesSupreme Court of the United States · 1921
  3. Rogers v. . RogersNew York Court of Appeals · 1888
  4. People v. . GovernaleNew York Court of Appeals · 1908
  5. People v. GonzalesAppellate Division of the Supreme Court of the State of New York · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
  2. People v. TorresNew York Supreme Court · 1985
  3. People v. WagmanAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. DoctorAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1984

21 more not listed; retrieve them via the Exa API.

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