People v. Chessman
Cases that cite this one
11 later published cases cite this decision.
- People v. Smith (N.Y. 1992)
- People v. Silva (Criminal Court of the City of New York 1998)
- People v. Fata (Appellate Division of the Supreme Court of New York 1992)
- People v. Rivera (Appellate Division of the Supreme Court of New York 1992)
- People v. Davis (Appellate Division of the Supreme Court of New York 1991)
- People v. Stokes (Appellate Division of the Supreme Court of New York 1990)
- People v. Smith (Appellate Division of the Supreme Court of New York 1990)
- People v. Nixon (Appellate Division of the Supreme Court of New York 1989)
- People v. Carrington (Appellate Division of the Supreme Court of New York 1987)
- People v. Flynn (New York Supreme Court 1984)
- People v. Baskerville (N.Y. 1983)
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
OPINION OF THE COURT
Memorandum.
The appeal should be dismissed.
The Appellate Division (p 195), after stating its primary reason for reversal, said: “this error was further compounded by the court’s total failure * * * to marshal the evidence”. In view of the fact that this latter point had not been preserved for review, the court’s determination was necessarily predicated at least in part upon an exercise of discretion and thus is not appealable to this court (see People v Dercole, 52 NY2d 956; 957; People v Johnson, 47 NY2d 124, 126). This is so despite the fact that the primary basis for the Appellate Division reversal relating to the charge concerning intent was properly preserved for review.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Appeal dismissed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.