Legal Opinion

People v. Moss

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

Decided April 24, 1992PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Green, J.

We are presented with the question whether defendant met his burden of establishing, by a preponderance of the evidence, that he lacked criminal responsibility by reason of mental disease or defect (see, Penal Law § 40.15; People v Kohl, 72 NY2d 191). On the basis of all of the evidence at trial, the jury could have reasonably concluded that defendant failed to sustain his burden. The question of sanity is for the trier of fact (see, People v Wood, 12 NY2d 69, 77; People v Enchautegui, 156 AD2d 461, lv denied 76 NY2d 787), and " 'if the record in its entirety…

2Cases cited13 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. HarrisNew York Court of Appeals · 1982
  3. People v. MaerlingNew York Court of Appeals · 1978
  4. People v. WoodNew York Court of Appeals · 1962
  5. People v. SilverNew York Court of Appeals · 1974

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

3Cited by10 opinions

  1. People v. WilhelmAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. BoomerAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. SelfAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. CallicutAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. ShurkaAppellate Division of the Supreme Court of the State of New York · 1993

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

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