People v. Gil-Cabrera

Appellate Division of the Supreme Court of New York

People v. Gil-Cabrera

213 A.D.2d 1065, 624 N.Y.S.2d 327, 1995 N.Y. App. Div. LEXIS 3904

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

DecidedMarch 17, 1995

StatusPublished

Cited by1 cases

This text of 213 A.D.2d 1065 (People v. Gil-Cabrera) 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. Gil-Cabrera, 213 A.D.2d 1065, 624 N.Y.S.2d 327, 1995 N.Y. App. Div. LEXIS 3904 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant’s challenge to the court’s refusal to charge criminally negligent homicide (Penal Law § 125.10) as a lesser included offense of murder in the second degree (Penal Law § 125.25 [1]) is foreclosed by the jury’s verdict finding defendant guilty of murder in the second degree as charged in the indictment and the jury’s implicit rejection of the charged lesser included offense of manslaughter in the first degree (see, People v Scott, 203 AD2d 911, lv denied 83 NY2d 971). In any event, defendant was not entitled to the charge because under no reasonable view of the evidence could the jury have found that defendant committed the lesser offense but not the greater (see, People v Thomches, 172 AD2d 786, 787). (Appeal from Judgment of Monroe County Court, Connell, J.—Murder, 2nd Degree.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.

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

—Judgment unanimously affirmed. Memorandum: Defendant’s challenge to the court’s refusal to charge criminally negligent homicide (Penal Law § 125.10) as a lesser included offense of murder in the second degree (Penal Law § 125.25 [1]) is foreclosed by the jury’s verdict finding defendant guilty of murder in the second degree as charged in the indictment and the jury’s implicit rejection of the charged lesser included offense of manslaughter in the first degree (see, People v Scott, 203 AD2d 911, lv denied 83 NY2d 971). In any event, defendant was not entitled to the charge because under no reasonable view of the evidence could the jury have found that defendant committed the lesser offense but not the greater (see, People v Thomches, 172 AD2d 786, 787). (Appeal from Judgment of Monroe County Court, Connell, J.—Murder, 2nd Degree.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

213 A.D.2d 1065, 624 N.Y.S.2d 327, 1995 N.Y. App. Div. LEXIS 3904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gil-cabrera-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack