§Why CasetextPricing

The People, Respondent,v.Darius Dubarry, Appellant.

Brief

13 Cited authorities

  1. People v. Suarez

    2005 N.Y. Slip Op. 9811 (N.Y. 2005)   Cited 322 times   5 Legal Analyses
    Holding depraved indifference charge was not appropriate where defendant intended to kill an individual and did kill that individual, even if the killing was done in a depraved manner.

  2. People v. Baker

    2010 N.Y. Slip Op. 2437 (N.Y. 2010)   Cited 145 times
    Finding that precedents applying Sixth Amendment principles “have no bearing” on exclusion of potential witness

  3. People v. Gallagher

    69 N.Y.2d 525 (N.Y. 1987)   Cited 190 times   1 Legal Analyses
    Reversing the defendant's conviction and ordering a new trial where the defendant was convicted simultaneously of intentional murder, N.Y. Penal L. § 125.25, and reckless manslaughter in the second degree, N.Y. Penal L. § 125.15, a lesser included offense of depraved mind murder

  4. People v. Trappier

    87 N.Y.2d 55 (N.Y. 1995)   Cited 124 times
    Holding that guilty jury verdict against defendant for both attempted assault and reckless endangerment was not "repugnant" or "inconsistent" because the jury could permissibly find "that the defendant acted intentionally as to one result and recklessly as to a distinct, more serious result"

  5. Suarez v. Byrne

    2008 N.Y. Slip Op. 4897 (N.Y. 2008)   Cited 67 times
    Closing loophole under which Carter counsel might have had an argument

  6. People v. Prado

    4 N.Y.3d 725 (N.Y. 2004)   Cited 68 times
    Holding that the defendant's claim on appeal of judicial bias in bench trial was unpreserved for appellate review

  7. People v. Ramos

    2012 N.Y. Slip Op. 3360 (N.Y. 2012)   Cited 49 times

    2012-05-1 The PEOPLE of the State of New York, Respondent, v. Luis RAMOS, Appellant. Appellate Advocates, New York City (Katherine A. Levine and Lynn W.L. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Jill Oziem-blewski and Leonard Joblove of counsel), for respondent. Appellate Advocates, New York City (Katherine A. Levine and Lynn W.L. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Jill Oziem-blewski and Leonard Joblove of counsel)

  8. People v. Fernandez

    88 N.Y.2d 777 (N.Y. 1996)   Cited 72 times
    Holding that defendant's conviction of attempted murder in the second degree was proper

  9. People v. Gonzalez

    99 N.Y.2d 76 (N.Y. 2002)   Cited 53 times
    Holding that a constitutional double jeopardy claim as to whether multiple punishments for the same offense were appropriate was a statutory interpretation question that must be preserved for review

  10. People v. Molina

    79 A.D.3d 1371 (N.Y. App. Div. 2010)   Cited 33 times

    No. 102905. December 16, 2010. Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered July 28, 2009, upon a verdict convicting defendant of the crimes of manslaughter in the first degree, murder in the second degree, attempted murder in the second degree, criminal use of a firearm in the first degree (two counts) and criminal possession of a weapon in the second degree. Larry J. Fredella, New York City (Gary Farrell of counsel), for appellant. Weeden A. Wetmore, District