Appellate Division of the Supreme Court of New York, 2004

People v. Manson

Appellate Division of the Supreme Court of New York · Decided June 14, 2004

8 A.D.3d 499; 778 N.Y.S.2d 301; 2004 N.Y. App. Div. LEXIS 8482

Cases that cite this one

2 later published cases cite this decision.

People v. Manson (Appellate Division of the Supreme Court of New York 2022)
People v. Manson (Appellate Division of the Supreme Court of New York 2022)

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 (Leventhal, J.), rendered March 18, 2002, 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.

*500Contrary to the defendant’s contention, in response to a juror’s note, the trial court properly instructed the jury not to speculate concerning the possibility that the deceased shot and killed himself or was shot and killed by someone other than the defendant (see People v Malloy, 55 NY2d 296 [1982], cert denied 459 US 847 [1982]; cf. People v Leach, 6 AD3d 238 [2004]).

The defendant’s remaining contention is unpreserved for appellate review and we decline to review it in the exercise of our interest of justice jurisdiction. Santucci, J.P., S. Miller, Schmidt and Fisher, JJ., concur.

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