Legal Opinion
People v. Graham
New York Court of Appeals
Decided June 12, 1975PublishedCited by 13 opinions
1Opinion of the CourtWachtler, J.
In 1961 the defendant was indicted for murder in the first degree and convicted of murder in the second degree. In 1964 the Appellate Division, Third Department (20 AD2d 949), held that certain evidence should have been suppressed and without it there was insufficient proof to establish murder in either degree, but enough to sustain a conviction for manslaughter in the first degree. Pursuant to subdivision 2 of section 543 of the Code of Criminal Procedure now CPL 470.15 (subd 2, par [a]), they modified "on the law and the facts and in the interest of justice” by reducing the conviction to…
2Cases cited19 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. BallSupreme Court of the United States · 1896
- Fong Foo v. United StatesSupreme Court of the United States · 1962
- United States v. SissonSupreme Court of the United States · 1970
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. FelicianoHawaii Supreme Court · 1980
- People v. AlstonAppellate Division of the Supreme Court of the State of New York · 1984
- Burton C. Graham v. Harold J. Smith, Superintendent Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- Bennett v. StateIndiana Court of Appeals · 1977
- People v. DarrisawAppellate Division of the Supreme Court of the State of New York · 1979
8 more not listed; retrieve them via the Exa API.