Legal Opinion

People v. Miller

New York Court of Appeals

Decided February 16, 2006PublishedCited by 82 opinions

1Opinion of the Court

*299OPINION OF THE COURT

Rosenblatt, J.

In the two first degree murder convictions before us, we address the question of what makes an offense lesser included, and hence dismissible as an inclusory concurrent count.

People v Rodriguez

Defendant Rodriguez lived with his family in the same Queens apartment building as the victim. Rodriguez apparently harbored a grudge against the victim, believing that she was responsible for his family’s eviction. After his accomplice removed a fan from the victim’s kitchen window, Rodriguez entered her apartment. When she discovered him, he pulled out a knife and…

2Cases cited18 opinions

  1. People v. GloverNew York Court of Appeals · 1982
  2. People v. GreenNew York Court of Appeals · 1982
  3. People v. CahillNew York Court of Appeals · 2003
  4. People v. GonzalezNew York Court of Appeals · 1984
  5. People v. BrownNew York Court of Appeals · 1986

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3Cited by82 opinions

  1. People v. BeauharnoisAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. RosasNew York Court of Appeals · 2007
  3. People v. CherryAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. JudwareAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. DavisNew York Court of Appeals · 2009

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

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