Legal Opinion

People v. Kearney

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

Decided January 17, 2006PublishedCited by 11 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered September 10, 2003, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

*623Ordered that the judgment is affirmed.

Since the defendant affirmatively requested that the trier of fact consider manslaughter in the first degree as a lesser-included offense in this case, he should not now be heard to complain that there was insufficient evidence in the record to support a conviction of that charge (see…

2Cases cited11 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. DennisAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. LumpkinsAppellate Division of the Supreme Court of the State of New York · 2004

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

3Cited by11 opinions

  1. People v. McDuffieAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. GoddardAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. MathieuAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. ColbertAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. McCawAppellate Division of the Supreme Court of the State of New York · 2016

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

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