Legal Opinion

People v. Heggs

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

Decided December 16, 2002PublishedCited by 2 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered July 23, 2001, convicting him of gang assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the Supreme Court should have charged assault in the third degree as a lesser-included offense of gang assault in the second degree (see People v Smitherman, 297 AD2d 352; People v Ramos, 242 AD2d 510; People v Safer, 201 AD2d 323; see also People v Udzinski, 146 AD2d…

2Cases cited11 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. ShumanNew York Court of Appeals · 1975
  4. People v. VeraAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. HouseAppellate Division of the Supreme Court of the State of New York · 2000

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

3Cited by2 opinions

  1. People v. HeggsAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. HerringAppellate Division of the Supreme Court of the State of New York · 2011

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