People v. Stanford
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree *1368(Penal Law § 125.20 [1]). We reject defendant’s contention that County Court erred in refusing to charge manslaughter in the second degree (§ 125.15 [1]) as an additional lesser included offense of murder in the second degree (§ 125.25 [1] [intentional murder]) as charged in the indictment. It is well settled that, “[t]o establish entitlement to a lesser included offense charge, the defendant must make two showings. First, it must be shown that ... in all circumstances, not only…
2Cases cited18 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. WattsNew York Court of Appeals · 1982
- People v. DaddonaNew York Court of Appeals · 1993
- People v. McManusNew York Court of Appeals · 1986
- People v. RumbleNew York Court of Appeals · 1978
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3Cited by6 opinions
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2017
- BLACKSHEAR, ERIC, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- PETTERSEN, OLE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- SMITH, KENNETH H., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- SULLIVAN, DARREN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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