Legal Opinion
People v. Randolph
New York Court of Appeals
Decided March 30, 1993PublishedCited by 48 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15) and two weapons charges after he shot and killed a bystander near a fight at a block party. At the conclusion of his trial, the court refused defendant’s request that the jury be instructed on criminally negligent homicide (Penal Law § 125.10) as a lesser included offense. We conclude the ruling was correct.
A person who acts with the recklessness necessary for a conviction on manslaughter in the second degree also acts with…
2Cases cited4 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. MartinNew York Court of Appeals · 1983
- People v. StanfieldNew York Court of Appeals · 1975
3Cited by48 opinions
- People v. DanielAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2008
- People v. PartonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. TallarineAppellate Division of the Supreme Court of the State of New York · 1996
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2005
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