People v. Suarez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Williams, J.
The Court of Appeals remitted this matter to this Court (6 NY3d 202 [2005]) for consideration of the appropriate remedy after reversing defendant’s conviction for depraved indifference murder (Penal Law § 125.25 [2]) on the grounds that it was error to submit that count to the jury since the evidence was legally insufficient to support it. Suarez is one of a recent series of Court of Appeals decisions (see e.g. People v Feingold, 7 NY3d 288 [2006]; People v Payne, 3 NY3d 266 [2004]; People v Gonzalez, 1 NY3d 464 [2004]; People v Hafeez, 100 NY2d 253 [2003]; see…
2Cases cited33 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Lockhart v. NelsonSupreme Court of the United States · 1988
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3Cited by10 opinions
- MATTER OF SUAREZ v. ByrneNew York Court of Appeals · 2008
- People v. AcevedoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AdamesAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GauseAppellate Division of the Supreme Court of the State of New York · 2007
- In re S.S.New York City Family Court · 2007
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