People v. Velez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P.
A jury found defendant guilty of the lesser charges arising out of the stabbing of his girlfriend’s son but acquitted him of the top count of the indictment, attempted murder in the second degree. Since justification was a central issue at trial and the court’s instructions did not convey that acquittal of the greater charge of attempted murder based on a finding of justification precluded consideration of the lesser included offenses, the verdict is at best ambiguous. Thus, defendant was deprived of a fair trial, and a reversal is warranted in the interest of…
2Cases cited6 opinions
- People v. HayesNew York Court of Appeals · 2011
- People v. FeuerAppellate Division of the Supreme Court of the State of New York · 2004
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 2006
- People v. RossAppellate Division of the Supreme Court of the State of New York · 2003
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by36 opinions
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- People v. DaggettAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ColasuonnoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SavilloAppellate Division of the Supreme Court of the State of New York · 2020
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