People v. House
Cases that cite this one
8 later published cases cite this decision.
- Santone v. Fischer (2d Cir. 2012)
- Santone v. Fischer (2d Cir. 2012)
- People v. Bell (Appellate Division of the Supreme Court of New York 2016)
- People v. Vasquez (Appellate Division of the Supreme Court of New York 2015)
- People v. Sean House (Appellate Division of the Supreme Court of New York 2009)
- People v. Pross (Appellate Division of the Supreme Court of New York 2003)
- People v. House (Appellate Division of the Supreme Court of New York 2002)
- People v. Heggs (Appellate Division of the Supreme Court of New York 2002)
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 (Dunlop, J.), rendered July 20, 1998, convicting him of attempted murder in the second degree, assault in the first degree (two counts), menacing in the second degree (two counts), and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant claims that the trial court committed reversible error in denying his request to charge assault in the third degree as a lesser-included offense of assault in the first degree. We disagree. The Court of Appeals has established a two-prong analysis to determine whether a defendant is entitled to a lesser-included offense charge (see, People v Glover, 57 NY2d 61). “First, defendant must establish that it is impossible to commit the greater crime without concomitantly committing the lesser offense by the same conduct. Secondly, there must be a reasonable view of the evidence to support a finding that
The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. Santucci, J. P., Sullivan, Altman and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.