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People v. Gaines

The People of the State of New York v. Craig Gaines

People v. Gaines, 229 A.D.2d 448 (1996)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
July 8, 1996
Citations
229 A.D.2d 448645 N.Y.S.2d 5101996 N.Y. App. Div. LEXIS 7642

Opinion of the Court

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—Appeal by defendant from a judgment of the Supreme Court, Kings County (Koch, J.), rendered June 23, 1993, convicting him of reckless endangerment in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place in his front yard, a place that was not "m his dwelling” (Penal Law § 35.15 [2] [a] [i] [emphasis supplied]; see also, People v Seit, 86 NY2d 92 ; People v Gopaul, 171 AD2d 754 ; People v Childs, 21 AD2d 809 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J. P., Santucci, Altman and Hart, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1996: 11997: 12008: 12011: 12023: 119962026peak 1996 · 1

Relies on it most ⓘ

  1. James Brown v. Christopher Artuz124 F.3d 73 (2d Cir. 1997)
  2. People v. Smith54 A.D.3d 421 (2008)
  3. People v. Waggoner218 A.D.3d 1221 (2023)
  4. People v. Floyd85 A.D.3d 1052 (2011)
  5. People v. Duren234 A.D.2d 560 (1996)

Most recent

  1. People v. Waggoner218 A.D.3d 1221 (2023)
  2. People v. Floyd85 A.D.3d 1052 (2011)
  3. People v. Smith54 A.D.3d 421 (2008)
  4. James Brown v. Christopher Artuz124 F.3d 73 (2d Cir. 1997)
  5. People v. Duren234 A.D.2d 560 (1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
People v. Seit, 653 N.E.2d 1168 (N.Y. 1995) 28
People v. Childs, 21 A.D.2d 809 (1964) 9
People v. Gopaul, 171 A.D.2d 754 (1991) 5

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