People v. Jones
Cases that cite this one
4 later published cases cite this decision.
- People v. Mawhiney (Appellate Division of the Supreme Court of New York 2023)
- People v. Steinmetz (Appellate Division of the Supreme Court of New York 2019)
- People v. McKenzie (N.Y. 2012)
- People v. Graves (Appellate Division of the Supreme Court of New York 1997)
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
OPINION OF THE COURT
Memorandum.
The Appellate Division order should be affirmed.
The People raised for the first time at the Appellate Division the specific argument that further neurological testing was not necessary to prove a justification defense. Because this argument is unpreserved, the Appellate Division’s conclusion that County Court abused its discretion in denying authorization for further neurological testing is not reviewable in this Court (see, People v Dodt, 61 NY2d 408, 416). Because this unreviewable ruling forms an independent ground for reversal of the judgment of conviction, and because the results of the further neurological evaluation are unknown, we do not reach the question whether County Court abused its discretion in limiting the scope of expert testimony.
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.