Legal Opinion
People v. Shaut
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unani*961mously affirmed. Memorandum: Defendant appeals from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20 [1]) as a lesser included offense of intentional murder, and criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Defendant was sentenced to concurrent terms of incarceration of 12V2 to 25 years and 2V3 to 7 years.
Defendant has failed to preserve for our review his contention that County Court erred in failing to submit to the jury the question whether defendant was in “his dwelling” and thus under no duty to retreat…
2Cases cited16 opinions
- People v. CefaroNew York Court of Appeals · 1968
- People v. BerkNew York Court of Appeals · 1996
- Clark v. Canandaigua City School DistrictNew York Court of Appeals · 1992
- People v. TattaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 1990
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. DaggettAppellate Division of the Supreme Court of the State of New York · 2017
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2007
- Shaut v. BennetDistrict Court, W.D. New York · 2003
- DAGGETT, STEPHEN C., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017