1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 116 A.D.2d
  5. 116 A.D.2d 299 (1986)
 

PEOPLE v. GALLAGHER

116 A.D.2d 299 (1986)

The People of the State of New York, Respondent, v. Daniel Gallagher, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 14, 1986

Attorney(s) appearing for the Case

Rappaport & Frost (Nathan R. Sobel and Freda S. Nisnewitz of counsel), for appellant.

Patrick Henry, District Attorney (Mark D. Cohen of counsel), for respondent.

RUBIN, LAWRENCE and KUNZEMAN, JJ., concur; BRACKEN, J. P., concurs in part and dissents in part and votes to reverse the judgment, on the law, order a new trial on the count of murder in the second degree (Penal Law § 125.25 [1]), and to otherwise dismiss the indictment without prejudice to the People to re-present any appropriate charges to another Grand Jury, with an opinion.

Per Curiam.

The principal question which divides the court on this appeal is whether a reversal is warranted on the ground that the defendant was convicted of both intentional murder (Penal Law § 125.25 [1]) and manslaughter in the second degree (Penal Law § 125.15 [1]) for the fatal shooting of one person. While a new trial is not required on this basis, in the interest of justice, the judgment appealed from should...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases