Legal Opinion
People v. Gallagher
New York Court of Appeals
Decided May 7, 1987PublishedCited by 160 opinions
1Opinion of the Court
*528OPINION OF THE COURT
Kaye, J.
Where a defendant is charged with a single homicide, in an indictment containing one count of intentional murder and one count of depraved mind murder, both counts may be submitted to the jury, but only in the alternative.
After an all-night St. Patrick’s Day celebration involving the consumption of large quantities of alcohol, defendant — a veteran New York City police officer — shot and killed a fellow police officer. Defendant was charged in a single indictment with two counts of murder in the second degree. The first count accused him of intentional murder…
2Cases cited5 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. PerezNew York Court of Appeals · 1978
- People v. BrownNew York Court of Appeals · 1970
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by160 opinions
- Angel Sellan v. Robert KuhlmanCourt of Appeals for the Second Circuit · 2001
- Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- People v. SteinbergNew York Court of Appeals · 1992
- People v. GonzalezNew York Court of Appeals · 2004
- Policano v. HerbertNew York Court of Appeals · 2006
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