TaiLexi AI U.S. Case Law

People v. Dukes

The People of the State of New York v. Sylvester Dukes, Also Known as Sylvester McEddy, Also Known as Sylvester Barceem

People v. Dukes, 73 A.D.2d 694 (1979)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 31, 1979
Citations
73 A.D.2d 694423 N.Y.S.2d 2281979 N.Y. App. Div. LEXIS 14569

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 25, 1977, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was charged with murder in the second degree (felony murder). At trial the jury was presented with a factual question as to whether defendant established the affirmative defense to felony murder set forth in subdivision 3 of section 125.25 of the Penal Law. An erroneous charge indicated to the jury that the application of the affirmative defense was discretionary. A new trial is therefore required (see People v Santanella, 63 AD2d 744 ; People v Vinniane, 70 AD2d 956 ). We have considered defendant’s other contentions and find them to be without merit. O’Connor, J. P., Mangano, Rabin and Gibbons, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 2

DepthCaseCited by
People v. Santanella, 63 A.D.2d 744 (1978) 13
People v. Vinniane, 70 A.D.2d 956 (1979) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list