Legal Opinion

People v. Alston

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

Decided October 12, 2010PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler, J.), rendered September 25, 2006, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As the People correctly contend, “where a court charges the next lesser included offense of the crime alleged in the indictment, but refuses to charge lesser degrees than that. . . the defendant’s conviction of the crime alleged in the…

2Cases cited32 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. ContesNew York Court of Appeals · 1983
  4. People v. DanielsonNew York Court of Appeals · 2007
  5. People v. RomeroNew York Court of Appeals · 2006

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

3Cited by10 opinions

  1. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. WithfieldAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. CephasAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. AlvardoAppellate Division of the Supreme Court of the State of New York · 2022
  5. People v. IrizarryAppellate Division of the Supreme Court of the State of New York · 2011

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

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