Legal Opinion

People v. Kimbrough

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

Decided November 15, 1989PublishedCited by 9 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: In our view, the felony murder and robbery counts of the indictment charged defendant pursuant to Penal Law § 20.00 with accessorial liability for the conduct of the other participant in the crimes. Therefore, the court, in its instructions to the jury, did not constructively amend the indictment (see, People v Grega, 72 NY2d 489; People v Duncan, 46 NY2d 74). Moreover, the fact that an indictment accuses a defendant as a principal does not preclude his conviction as an accessory and a charge based on accessorial conduct is not grounds for reversal…

2Cases cited6 opinions

  1. People v. WhalenNew York Court of Appeals · 1983
  2. People v. DuncanNew York Court of Appeals · 1978
  3. People of State of New York v. GregaNew York Court of Appeals · 1988
  4. People v. LiptonNew York Court of Appeals · 1981
  5. People v. MayoAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by9 opinions

  1. People v. SpataroAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. HobbsAppellate Division of the Supreme Court of the State of New York · 1992
  3. Mercado v. StinsonDistrict Court, S.D. New York · 1999
  4. People v. GiganteAppellate Division of the Supreme Court of the State of New York · 1995
  5. BOX, BRANDON W., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016

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