People v. Spears
Cases that cite this one
4 later published cases cite this decision.
- Bonilla v. Lee (District Court, S.D. New York 2014)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2012)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2012)
- People v. Gauze (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered October 8, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the trial court correctly refused to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree, as there was no reasonable view of the evidence that would support a finding that the defendant intended to cause serious physical injury rather than death (see, CPL 300.50 [1]; People v Glover,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.