People v. Sampson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of murder in the second degree, defendant contends that he was improperly convicted of both intentional and felony murder and that the counts should have been submitted to the jury in the alternative. Unlike the situation in People v Gallagher (69 NY2d 525), relied upon by defendant, there is no inconsistency between a conviction for intentional murder and one for felony murder, since no culpable mental state is essential to conviction for the latter (Penal Law § 125.25 [1], [3]). These are…
2Cases cited6 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AlfaroNew York Court of Appeals · 1985
- People v. SatloffNew York Court of Appeals · 1982
- People v. GallagherNew York Court of Appeals · 1987
- People v. FitzpatrickNew York Court of Appeals · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. FarrareAppellate Division of the Supreme Court of the State of New York · 2014
- People v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MyersAppellate Division of the Supreme Court of the State of New York · 1990
9 more not listed; retrieve them via the Exa API.