People v. Howell

11 A.D.3d 560, 782 N.Y.S.2d 642, 2004 N.Y. App. Div. LEXIS 11969
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 12, 2004
StatusPublished
Cited by4 cases

This text of 11 A.D.3d 560 (People v. Howell) 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. Howell, 11 A.D.3d 560, 782 N.Y.S.2d 642, 2004 N.Y. App. Div. LEXIS 11969 (N.Y. Ct. App. 2004).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Silverman, J.), rendered June 19, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve his contention that the Supreme Court gave an insufficient jury charge with respect to murder in the second degree (see People v Chin, 67 NY2d 22 [1986]). In any event, this contention is without merit. The charge, as a whole, adequately conveyed to the jury all of the elements of murder in the second degree (see People v Coleman, 70 NY2d 817 [1987]; People v Knight, 261 AD2d 487 [1999]). Accordingly, the challenged charge did not deprive the defendant of a fair trial (see People v Slacks, 225 AD2d 805 [1996], affd 90 NY2d 850 [1997]). Florio, J.P., Luciano, Schmidt and Rivera, JJ., concur.

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Related

People v. Howell
197 N.Y.S.3d 605 (Appellate Division of the Supreme Court of New York, 2023)
People v. Pena
100 A.D.3d 1024 (Appellate Division of the Supreme Court of New York, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
11 A.D.3d 560, 782 N.Y.S.2d 642, 2004 N.Y. App. Div. LEXIS 11969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-howell-nyappdiv-2004.