Legal Opinion
People v. Brailsford
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1984PublishedCited by 19 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered January 5, 1982, convicting him of murder in the second degree and robbery in the first degree, after a nonjury trial, and imposing sentence.
Judgment affirmed.
Defendant was convicted of murder in the second degree pursuant to subdivision 3 of section 125.25 of the Penal Law, commonly known as felony murder. The aforesaid section contains an exception which affords a defendant “an opportunity to fight his way out of a felony charge by persuading a jury, by way of affirmative defense, that he not…
2Cases cited4 opinions
- People v. SorgeNew York Court of Appeals · 1950
- People v. HunterAppellate Division of the Supreme Court of the State of New York · 1982
- Brunetti v. ScottiNew York Supreme Court · 1974
- People v. SantanellaAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by19 opinions
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1994
- State Farm Fire & Casualty Co. v. BongiornoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1989
- People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 2009
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