1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 6 N.Y.3d
  5. 6 N.Y.3d 295 (2006)
 

PEOPLE v. MILLER

6 N.Y.3d 295 (2006)

845 N.E.2d 451

812 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MILLER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CHRISTOPHER RODRIGUEZ, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Patricia Curran and Susan Gliner of counsel), for respondent in the first above-entitled action.

Richard A. Brown, District Attorney, Kew Gardens (Sharon Y. Brodt and John M. Castellano of counsel), for appellant in the second above-entitled action.

M. Chris Fabricant, New York City, and Lynn W.L. Fahey for respondent in the second above-entitled action.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

In the two first degree murder convictions before us, we address the question of what makes an offense lesser included, and hence dismissible as an inclusory concurrent count.

People v Rodriguez

Defendant Rodriguez lived with his family in the same Queens apartment building as the victim. Rodriguez apparently harbored a grudge against the victim...

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