§Why CasetextPricing

The People, Respondent,v.Darnell Carter, Appellant.

Brief

10 Cited authorities

  1. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 345 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25

  2. People v. Almodovar

    62 N.Y.2d 126 (N.Y. 1984)   Cited 470 times
    Holding that a temporary and lawful possession instruction was proper where the defendant claimed that he wrested a pistol from his attacker and fired it in self-defense

  3. People v. Salcedo

    92 N.Y.2d 1019 (N.Y. 1998)   Cited 93 times
    Holding consecutive sentences allowed because defendant's original intent was to use the gun to force victim to leave with him, although he eventually used it to kill her

  4. People v. Hamilton

    4 N.Y.3d 654 (N.Y. 2005)   Cited 58 times   2 Legal Analyses
    Holding consecutive sentences not allowed where defendant went in a building, emerged with a gun, and shot the victim because the prosecution had not established "that he possessed the pistol with a purpose unrelated to his intent to shoot [the victim]"

  5. People v. Saunders

    85 N.Y.2d 339 (N.Y. 1995)   Cited 70 times
    In People v Saunders (85 N.Y.2d 339, supra), we held that defendant could attempt the crime of criminal possession of a weapon in the third degree, a strict liability offense.

  6. People v. Rivenburgh

    1 A.D.3d 696 (N.Y. App. Div. 2003)   Cited 21 times

    12315 Decided and Entered: November 13, 2003. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 23, 1999, upon a verdict convicting defendant of the crimes of murder in the second degree, criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree (two counts). Carl J. Silverstein, Monticello, for appellant. Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent. Before:

  7. People v. Manor

    38 A.D.3d 1257 (N.Y. App. Div. 2007)   Cited 15 times   1 Legal Analyses

    No. KA 04-00431. March 16, 2007. Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered November 13, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree (two counts). EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-APPELLANT. DEAN MANOR, DEFENDANT-APPELLANT PRO SE. MICHAEL

  8. People v. Carter

    96 A.D.3d 1520 (N.Y. App. Div. 2012)   Cited 8 times   1 Legal Analyses

    2012-06-15 The PEOPLE of the State of New York, Respondent, v. Darnell CARTER, Defendant–Appellant. David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent. David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent. PRESENT:

  9. People v. Sturkey

    575 N.E.2d 393 (N.Y. 1991)   Cited 19 times
    In People v Sturkey (77 NY2d 979 [1991]), for example, the defendant seized a police officer's gun during a scuffle, waved the gun in the air for a few seconds, either dropped or placed it on the floor and then fled.

  10. People v. Bernier

    204 A.D.2d 732 (N.Y. App. Div. 1994)   Cited 5 times
    Upholding consecutive sentences where a security guard at a nightclub used a gun to push away a crowd and then accidentally pulled the trigger and stating, "[t]he crimes of criminally negligent homicide and criminal possession of a weapon in the third degree were not committed in a single act."