Legal Opinion

People v. Russell

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

Decided October 9, 2008PublishedCited by 5 opinions

1Opinion of the CourtRose, J.

Appeal from a judgment of the County Court of Warren County (Berke, J.), rendered October 20, 2005, upon a verdict convicting defendant of the crimes of murder in the second degree and criminal possession of a weapon in the fourth degree.

After we reversed defendant’s judgment of conviction and remitted for a new trial (16 AD3d 776 [2005], lv denied 5 NY3d 809 [2005]), he was again convicted of murder in the second degree and criminal possession of a weapon in the fourth degree, prompting this appeal. We withheld decision, however, upon finding that a portion of the jury instructions given by…

2Cases cited5 opinions

  1. People v. WilliamsNew York Court of Appeals · 1984
  2. People v. WillardAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. RussellAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. CohenAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. RussellAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by5 opinions

  1. People v. ThorpeAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. DeFreitasAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. DeFreitasAppellate Division of the Supreme Court of the State of New York · 2014
  4. The People v. Jamar BethuneNew York Court of Appeals · 2017
  5. The People v. Jamar BethuneNew York Court of Appeals · 2017

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