People v. Collins
Cases that cite this one
19 later published cases cite this decision.
- People v. Babb (Appellate Division of the Supreme Court of New York 2009)
- People v. Battee (Appellate Division of the Supreme Court of New York 2003)
- People v. Saalfield (Appellate Division of the Supreme Court of New York 2020)
- People v. McIntosh (Appellate Division of the Supreme Court of New York 2018)
- People v. Crawford (Appellate Division of the Supreme Court of New York 2018)
- People v. Rivera (N.Y. 2014)
- People v. Hollman (Appellate Division of the Supreme Court of New York 2012)
- People v. Hollman (Appellate Division of the Supreme Court of New York 2012)
- People v. Pizarro (Appellate Division of the Supreme Court of New York 2011)
- People v. Bey (Appellate Division of the Supreme Court of New York 2010)
- People v. Alexis (Appellate Division of the Supreme Court of New York 2009)
- People v. Trovato (Appellate Division of the Supreme Court of New York 2009)
- People v. Topolski (Appellate Division of the Supreme Court of New York 2006)
- People v. White (Appellate Division of the Supreme Court of New York 2005)
- People v. Franklin (Appellate Division of the Supreme Court of New York 2004)
- People v. Storms (Appellate Division of the Supreme Court of New York 2003)
- People v. Bien (Appellate Division of the Supreme Court of New York 2003)
- People v. Robinson (Appellate Division of the Supreme Court of New York 2002)
- People v. Davis (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, Kings County (D’Emic, J.), rendered March 25, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the Supreme Court erred in refusing to charge the jury on the defenses of justification and extreme emotional disturbance, and on manslaughter in the first degree and manslaughter in the second degree as lesser-included offenses of the charge of murder in the second degree. We disagree.
A court need charge the defense of justification only when a reasonable view of the evidence, viewed in a light most favorable to the defendant, establishes the elements of that defense (see, People v Reynoso, 73 NY2d 816; People v Padgett, 60 NY2d 142, 145; People v Watts, 57 NY2d 299). “The rule is that the jury must be instructed on all claimed defenses which are sup
The defendant’s intent to cause the victim’s death can be inferred from the fact that he stabbed her six times, and that five of those wounds were severe enough to have been fatal if inflicted alone. Indeed, one wound was to the victim’s back, penetrating the wall of her heart. Therefore, the Supreme Court properly refused to charge the jury on manslaughter in the first degree and manslaughter in the second degree as lesser-included offenses of the charge of murder in the second degree. There was no reasonable view of the evidence to support a finding that the defendant either intended only to inflict serious physical injury on the victim, or that he merely acted recklessly (see, Penal Law §§ 125.20, 125.15; People v Butler, 84 NY2d 627; People v Evans, 232 AD2d 275; People v Ochoa, 142 AD2d 741).
The Supreme Court properly refused to charge the defense of extreme emotional disturbance (see, People v Murden, 190 AD2d 822; People v Savage, 148 AD2d 553; People v Hildreth, 148 AD2d 879).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Florio, J.P., Goldstein, McGinity and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.