Legal Opinion

People v. Walker

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

Decided June 3, 1977PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: De-

fendant’s only contention on this appeal is that the court erred in declining to charge that the jury could find him guilty of the crime of criminally negligent homicide (Penal Law, § 125.10) as a lesser included crime of murder in the second degree and manslaughter in the first degree. Upon this record the court properly refused such charge. The court did charge down to manslaughter in the second degree. The evidence was that defendant and his victim, a tenant, had been drinking in defendant’s "sitting” room and they argued about the failure of…

2Cases cited9 opinions

  1. People v. StanfieldNew York Court of Appeals · 1975
  2. People v. KoerberNew York Court of Appeals · 1926
  3. People v. CrucianiNew York Court of Appeals · 1975
  4. People v. WallNew York Court of Appeals · 1971
  5. People v. StrongNew York Court of Appeals · 1975

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. CintronAppellate Division of the Supreme Court of the State of New York · 1980
  2. People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. HollowayAppellate Division of the Supreme Court of the State of New York · 1987
  4. Ferguson v. LilleyDistrict Court, N.D. New York · 2023
  5. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1989

1 more not listed; retrieve them via the Exa API.

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