People v. Spagna

Appellate Division of the Supreme Court of New York

People v. Spagna

71 A.D.2d 994, 420 N.Y.S.2d 282, 1979 N.Y. App. Div. LEXIS 13311

Appellate Division of the Supreme Court of the State of New York·Decided September 17, 1979·Published·Cited by 3 cases

Opinion

Appeal by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County, both rendered May 11, 1978, convicting each of them of murder in the second degree, upon a jury verdict, and imposing sentences. Judgments affirmed. While we are aware of the holding in Sandstrom v Montana (442 US 510), we find that any error here in the charge on presumed intent was harmless (see People v Crimmins, 36 NY2d 230). We have examined defendants’ other contentions and find them to be without merit. O’Connor, J. P., Lazer, Gulotta and Mangano, JJ., concur.

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Appeal by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County, both rendered May 11, 1978, convicting each of them of murder in the second degree, upon a jury verdict, and imposing sentences. Judgments affirmed. While we are aware of the holding in Sandstrom v Montana (442 US 510), we find that any error here in the charge on presumed intent was harmless (see People v Crimmins, 36 NY2d 230). We have examined defendants’ other contentions and find them to be without merit. O’Connor, J. P., Lazer, Gulotta and Mangano, JJ., concur.

People v. Spagna, 71 A.D.2d 994, 420 N.Y.S.2d 282, 1979 N.Y. App. Div. LEXIS 13311 (N.Y. Ct. App. 1979).

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