Legal Opinion
People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1983PublishedCited by 3 opinions
1Opinion of the Court
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered December 10, 1979, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The alibi instruction given by the trial court is almost identical to that given in People v Wallace (87 AD2d 895) and is similarly improper (see, also, People v Nicoleau, 87 AD2d 893; People v Costales, 87 AD2d 635; People v Vasquez, 87…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. CostalesAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BauerAppellate Division of the Supreme Court of the State of New York · 1981
- People v. MansonAppellate Division of the Supreme Court of the State of New York · 1978
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1990
- Hernandez v. StateNew York Court of Claims · 1993
- People v. KoleskorAppellate Division of the Supreme Court of the State of New York · 1987