People v. Dukes

Appellate Division of the Supreme Court of New York

People v. Dukes

73 A.D.2d 694, 423 N.Y.S.2d 228, 1979 N.Y. App. Div. LEXIS 14569

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 31, 1979

StatusPublished

This text of 73 A.D.2d 694 (People v. Dukes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dukes, 73 A.D.2d 694, 423 N.Y.S.2d 228, 1979 N.Y. App. Div. LEXIS 14569 (N.Y. Ct. App. 1979).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1977, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was charged with murder in the second degree (felony murder). At trial the jury was presented with a factual question as to whether defendant established the affirmative defense to felony murder set forth in subdivision 3 of section 125.25 of the Penal Law. An erroneous charge indicated to the jury that the application of the affirmative defense was discretionary. A new trial is therefore required (see People v Santanella, 63 AD2d 744; People v Vinniane, 70 AD2d 956). We have considered defendant’s other contentions and find them to be without merit. O’Connor, J. P., Mangano, Rabin and Gibbons, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1977, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was charged with murder in the second degree (felony murder). At trial the jury was presented with a factual question as to whether defendant established the affirmative defense to felony murder set forth in subdivision 3 of section 125.25 of the Penal Law. An erroneous charge indicated to the jury that the application of the affirmative defense was discretionary. A new trial is therefore required (see People v Santanella, 63 AD2d 744; People v Vinniane, 70 AD2d 956). We have considered defendant’s other contentions and find them to be without merit. O’Connor, J. P., Mangano, Rabin and Gibbons, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

73 A.D.2d 694, 423 N.Y.S.2d 228, 1979 N.Y. App. Div. LEXIS 14569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dukes-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack