People v. Capella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered November 19, 1982, convicting him of murder in the second degree (two counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Judgment reversed, on the law and the facts, and indictment dismissed. The case is remitted to the Supreme Court, Queens County, for the purpose of entering an order, in its discretion, pursuant to CPL 160.50.
The evidence against defendant, which was entirely circumstantial, failed to establish his commission of the…
2Cases cited19 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. BenzingerNew York Court of Appeals · 1974
- People v. DavisNew York Court of Appeals · 1977
- People v. La BelleNew York Court of Appeals · 1966
- People v. MirendaNew York Court of Appeals · 1969
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3Cited by8 opinions
- People v. CummingsAppellate Division of the Supreme Court of the State of New York · 1987
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1988
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 1988
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1987
- People v. KellamsAppellate Division of the Supreme Court of the State of New York · 1990
3 more not listed; retrieve them via the Exa API.