Legal Opinion

People v. Davis

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

Decided March 3, 1992PublishedCited by 5 opinions

1Opinion of the Court

— Judgment, Supreme Court, Bronx County (William Wallace, J.), rendered November 2, 1989, convicting the defendant, upon a jury verdict, of murder in the second degree, and sentencing him to an indeterminate term of imprisonment of from 25 years to life, unanimously reversed, on the law, and the matter is remitted for a new trial.

After both sides rested, defense counsel requested that the court charge manslaughter in the first degree as a lesser included offense of murder in the second degree on the ground that a reasonable view of the evidence supported the submission of such charge. The…

2Cases cited5 opinions

  1. People v. DuncanNew York Court of Appeals · 1978
  2. People v. MartinNew York Court of Appeals · 1983
  3. People v. ButlerNew York Court of Appeals · 1982
  4. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. JamesAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. People v. PelseyAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. CabreraAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. TavarezAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1994

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