Legal Opinion
People v. MacDowell
New York Supreme Court
Decided November 14, 1986PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
D. Bruce Crew, III, J.
Following a jury trial defendant was convicted of murder in the second degree. She now moves to set the verdict aside on the grounds that it is against the weight of the evidence and that the court erred in failing to charge the jury with respect to the affirmative defense of mental disease or defect.
With regard to the first prong of defendant’s motion, a trial court is empowered to set aside a verdict based upon an error which if raised upon appeal would require a reversal or modification as a matter of law (CPL 330.30 [1]). A reversal or…
2Cases cited14 opinions
- Dusky v. United StatesSupreme Court of the United States · 1960
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ScarboroughNew York Court of Appeals · 1980
- People v. CarterNew York Court of Appeals · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. RamosOhio Court of Appeals · 2016
- Treece v. StateCourt of Appeals of Maryland · 1988
- Charles C. Dean v. Superintendent, Clinton Correctional Facility, and Department of Correctional ServicesCourt of Appeals for the Second Circuit · 1996
- United States v. Jonathan ReadCourt of Appeals for the Ninth Circuit · 2019
- People v. MortonAppellate Division of the Supreme Court of the State of New York · 1991
5 more not listed; retrieve them via the Exa API.