Legal Opinion

People v. Howard

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

Decided July 3, 1997PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25 [3]), burglary in the first degree (Penal Law § 140.30), petit larceny (Penal Law § 155.25), and criminal mischief in the fourth degree (Penal Law § 145.00). The conviction arose out of a house burglary in which the resident died of cardiac arrhythmia suffered during the burglary. Defendant contends that County Court’s charge on accessorial liability precluded

*921the jury from considering his affirmative defense to felony murder (Penal Law § 125.25 [3])…

2Cases cited5 opinions

  1. People v. BornholdtNew York Court of Appeals · 1973
  2. People v. MatosNew York Court of Appeals · 1994
  3. People v. SantanellaAppellate Division of the Supreme Court of the State of New York · 1978
  4. Tamilio v. New YorkSupreme Court of the United States · 1979
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. John Howard v. Hans G. WalkerCourt of Appeals for the Second Circuit · 2005
  2. People v. Mateo, New York County Courts1997
  3. People v. ReedAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. SolomonAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2000

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