People v. Wheaton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of assault in the first degree. She raises several grounds of error, all of which are either unpreserved, lacking in merit or harmless.
Defendant’s challenge to the court’s supplemental charge on justification has not been preserved for review and, in any event, is lacking in merit. In part of its initial charge, the court instructed the jury to determine whether, at the time she shot the victim, defendant reasonably believed that the victim was committing or attempting to commit an assault of a serious…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GoetzNew York Court of Appeals · 1986
- People v. JohnsonNew York Court of Appeals · 1982
- People v. HarrisNew York Court of Appeals · 1982
- People v. De JesusNew York Court of Appeals · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. SimmsAppellate Division of the Supreme Court of the State of New York · 1997
- People v. PhoenixAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ReinardAppellate Division of the Supreme Court of the State of New York · 1997
- People v. CavalloAppellate Division of the Supreme Court of the State of New York · 1990
- People v. McCrayAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.