People v. Holmes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered June 27, 1989, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
We find no error in the Supreme Court’s denial of the defendant’s request to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree (see, Penal Law § 125.20 [1]), since there was no reasonable view of the evidence, when viewed in the light most favorable to the defendant, to support a finding that he intended…
2Cases cited6 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. AntommarchiNew York Court of Appeals · 1992
- People v. DelgadoNew York Court of Appeals · 1992
- People v. MartinNew York Court of Appeals · 1983
- People v. MitchellNew York Court of Appeals · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DennisAppellate Division of the Supreme Court of the State of New York · 1994
- People v. TateAppellate Division of the Supreme Court of the State of New York · 2000
- People v. SeabrooksAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SostreAppellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.