New York Court of Appeals· 5/7/1987

People v. Gallagher

Citations

69 N.Y.2d 525
516 N.Y.S.2d 174
508 N.E.2d 909
1987 N.Y. LEXIS 16348

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

reversing the defendant’s conviction and ordering a new trial where the defendant was convicted simultaneously of intentional murder, N.Y. Penal L. § 125.25[1], and reckless manslaughter in the second degree, N.Y. Penal L. § 125.15[1], a lesser included offense of depraved mind murder
new trial necessary where jury returned inconsistent verdicts and failed to make critical determinations as to mental state
“[I]ntentional murder and depraved mind murder[] are inconsistent counts as defined in CPL 300.30(5
when trial court failed to give any instruction regarding potentially inconsistent verdicts, new trial was required because \it is impossible to determine what if anything the jury decided on the issue of [the] defendant's mental state at the time of the offense\
when trial court failed to give any instruction regarding potentially inconsistent verdicts, new trial was required because ‘‘it is impossible to determine what if anything the jury decided on the issue of [the] defendant’s mental state at the time of the offense’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Bellacosa, Kaye

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Cited by

143 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

Other cases named People v. Gallagher

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