Legal Opinion

People v. Smith

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

Decided December 12, 2006PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 22, 2004, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to kill the victim (see People v Contes, 60 NY2d 620, 621 [1983]). A jury can infer a defendant’s intent to cause death…

2Cases cited9 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. . GaimariNew York Court of Appeals · 1903
  4. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  5. People v. AgramonteNew York Court of Appeals · 1996

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

3Cited by8 opinions

  1. People v. TimmonsAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. TownsendAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2018

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

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