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People v. Moody

52 A.D.2d 959, 383 N.Y.S.2d 626, 1976 N.Y. App. Div. LEXIS 12824
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 24, 1976
StatusPublished
Cited by9 cases

This text of 52 A.D.2d 959 (People v. Moody) 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. Moody, 52 A.D.2d 959, 383 N.Y.S.2d 626, 1976 N.Y. App. Div. LEXIS 12824 (N.Y. Ct. App. 1976).

Opinion

Defendant appeals from a judgment of the Supreme Court, Richmond County, rendered January 18, 1973, convicting him of assault in the second degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, and new trial ordered as to the charge of assault in the second degree. As candidly conceded by the District Attorney in his brief, the failure of the trial court to inform counsel, prior to summation, that it intended to consider assault in the second degree as a lesser included offense was reversible error necessitating a new trial as to that charge (see People v Jack, NYLJ, Dec. 18, 1975, p 13, col 4). Hopkins, Acting P. J., Latham, Cohalan, Margett and Hawkins, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
52 A.D.2d 959, 383 N.Y.S.2d 626, 1976 N.Y. App. Div. LEXIS 12824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moody-nyappdiv-1976.