Legal Opinion

People v. Urbina

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

Decided October 10, 2012PublishedCited by 5 opinions

1Opinion of the Court

The defendant was charged, inter alia, with attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]) and attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [1]).

During the charge conference, the Supreme Court informed the parties that it would submit to the jury only the most seri*822ous count of the indictment, attempted rape in the first degree. Defense counsel objected, but the court adhered to its ruling. Later, at the close of the prosecutor’s summation, the prosecutor told the jury that the court would be submitting to the jury only the count charging…

2Cases cited5 opinions

  1. People v. EvansNew York Court of Appeals · 2000
  2. People v. WheelerNew York Court of Appeals · 1986
  3. People v. LeonNew York Court of Appeals · 2006
  4. People v. ExtaleNew York Court of Appeals · 2012
  5. People v. PittersonAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by5 opinions

  1. People v. BarberAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. CuttingAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. CuttingAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. CuttingAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. MejiaAppellate Division of the Supreme Court of the State of New York · 2018

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