Legal Opinion
People v. Grant
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 5, 1991, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
The court’s inadvertent submission of the attempted murder count, which had been dismissed prior to trial, was rendered harmless by defendant’s acquittal on that count. Inadvertent submission of a count not contained in the indictment requires no further remedy than the one supplied by the jury’s verdict (see, People v Scott, 93 AD2d 754). The mere presence of the…
2Cases cited6 opinions
- People v. PavaoNew York Court of Appeals · 1983
- People v. MillerNew York Court of Appeals · 1987
- People v. BrownNew York Court of Appeals · 1994
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. WilkonsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CoxAppellate Division of the Supreme Court of the State of New York · 2011