People v. Rivera
Cases that cite this one
4 later published cases cite this decision.
- People v. Rivera (Appellate Division of the Supreme Court of New York 2015)
- People v. Greene (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. Moore (Appellate Division of the Supreme Court of New York 2009)
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 the judgment of the Supreme Court, Kings County (Lott, J.), rendered June 4, 2001, 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 properly refused to instruct the jury with respect to manslaughter in the first and second degrees as lesser-included offenses of intentional murder (see CPL 300.50; People v Butler, 84 NY2d 627 [1994]). Under no reasonable view of the evidence could the jury have found that the defendant committed the lesser offenses but not the greater, given the number of shots fired by the defendant at close range into the victim’s vital organs as the victim tried to escape (see People v Butler, supra; People v Ev
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Smith, J.P., McGinity, Luciano and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.