Legal Opinion
People v. Cheeks
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1978PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Although we agree that the trial court erred in its charge on the issue of intent (see People v O’Neill, 59 AD2d 540, 542) and that subsequent to its initial proper charge on the defense of justification (Penal Law, § 35.15, subd 2, par [a]) the court’s further statements on that issue were misleading, neither of those points was preserved for review (People v Fonseca, 36 NY2d 133; CPL 470.05). Additionally, while the court’s determination to charge a lesser degree of assault was not made until after defendant’s summation (see People v Graham, 57…
2Cases cited8 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1977
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1969
- People v. FonsecaNew York Court of Appeals · 1975
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3Cited by3 opinions
- People v. McNeeleyAppellate Division of the Supreme Court of the State of New York · 1980
- People v. CoastAppellate Division of the Supreme Court of the State of New York · 1980
- People v. WillisAppellate Division of the Supreme Court of the State of New York · 1985