People v. Meeks

Appellate Division of the Supreme Court of New York

People v. Meeks

102 A.D.2d 898, 477 N.Y.S.2d 310, 1984 N.Y. App. Div. LEXIS 19133

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

DecidedJune 25, 1984

StatusPublished

This text of 102 A.D.2d 898 (People v. Meeks) 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. Meeks, 102 A.D.2d 898, 477 N.Y.S.2d 310, 1984 N.Y. App. Div. LEXIS 19133 (N.Y. Ct. App. 1984).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered December 10, 1980, convicting him of manslaughter in the first and second degrees, after a nonjury trial, and imposing sentence. 11 Judgment modified, on the law, by reversing the conviction of manslaughter in the second degree and vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, judgment affirmed. 11 As the People concede, the count charging manslaughter in the second degree was an inclusory concurrent count of manslaughter in the first degree. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense (see CPL 300.40, subd 3, par [b]). We have reviewed defendant’s remaining contentions and find they do not warrant reversal. Gibbons, J. P., Brown, Niehoff and Boyers, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered December 10, 1980, convicting him of manslaughter in the first and second degrees, after a nonjury trial, and imposing sentence. 11 Judgment modified, on the law, by reversing the conviction of manslaughter in the second degree and vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, judgment affirmed. 11 As the People concede, the count charging manslaughter in the second degree was an inclusory concurrent count of manslaughter in the first degree. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense (see CPL 300.40, subd 3, par [b]). We have reviewed defendant’s remaining contentions and find they do not warrant reversal. Gibbons, J. P., Brown, Niehoff and Boyers, JJ., concur.

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Bluebook (online)

102 A.D.2d 898, 477 N.Y.S.2d 310, 1984 N.Y. App. Div. LEXIS 19133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meeks-nyappdiv-1984.