People v. Kimbrough
Appellate Division of the Supreme Court of the State of New York
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
- People v. WhalenNew York Court of Appeals · 1983
- People v. DuncanNew York Court of Appeals · 1978
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. LiptonNew York Court of Appeals · 1981
- People v. MayoAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. SpataroAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HobbsAppellate Division of the Supreme Court of the State of New York · 1992
- Mercado v. StinsonDistrict Court, S.D. New York · 1999
- People v. GiganteAppellate Division of the Supreme Court of the State of New York · 1995
- BOX, BRANDON W., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
4 more not listed; retrieve them via the Exa API.