People v. Murphy

Decision Date04 February 1988
Citation70 N.Y.2d 969,525 N.Y.S.2d 834
Parties, 520 N.E.2d 552 The PEOPLE of the State of New York, Respondent, v. Michael Tuohy MURPHY, Appellant.
CourtNew York Court of Appeals Court of Appeals

Order affirmed for reasons stated in the opinion by Justice John T. Casey at the Appellate Division (128 A.D.2d 177, 515 N.Y.S.2d 895).

WACHTLER, C.J., and SIMONS, KAYE, ALEXANDER, HANCOCK and BELLACOSA, JJ., concur.

TITONE, J., took no part.

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11 cases
  • People v. Green
    • United States
    • New York Supreme Court — Appellate Division
    • January 14, 2021
    ... ... Murphy, 128 A.D.2d 177, 181182, 515 N.Y.S.2d 895 [1987], affd for reasons stated below 70 N.Y.2d 969, 525 N.Y.S.2d 834, 520 N.E.2d 552 [1988] ; People v. Haire, 96 A.D.2d 1110, 1111, 467 N.Y.S.2d 703 [1983] ). As for the weight of the evidence, a different verdict would not have been unreasonable given ... ...
  • People v. Daggett
    • United States
    • New York Supreme Court — Appellate Division
    • May 5, 2017
    ...the jury in the conjunctive versus the disjunctive (People v. Murphy, 128 A.D.2d 177, 185, 515 N.Y.S.2d 895, affd. 70 N.Y.2d 969, 525 N.Y.S.2d 834, 520 N.E.2d 552 ), we conclude that any error is harmless inasmuch as defendant, in his admissions, repeatedly contended that the victim and two......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • November 15, 1995
    ...230, 238-242, 367 N.Y.S.2d 213, 326 N.E.2d 787; see, People v. Murphy, 128 A.D.2d 177, 184, 515 N.Y.S.2d 895, affd. 70 N.Y.2d 969, 525 N.Y.S.2d 834, 520 N.E.2d 552 for reasons stated below ). In our assessment, given the quantum and nature of the evidence of defendant's guilt, the error did......
  • People v. Bryce
    • United States
    • New York Supreme Court — Appellate Division
    • June 27, 1991
    ...47 N.Y.2d 196, 204, 417 N.Y.S.2d 452, 391 N.E.2d 288; People v. Murphy, 128 A.D.2d 177, 182, 515 N.Y.S.2d 895, affd. 70 N.Y.2d 969, 525 N.Y.S.2d 834, 520 N.E.2d 552). Viewing the evidence in a light most favorable to the People, there is sufficient evidence to sustain the finding of defenda......
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9 books & journal articles
  • Hearsay
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2015 Contents
    • August 2, 2015
    ...a party to the conversation and could not identify the doctor. People v. Murphy, 128 A.D.2d 177, 515 N.Y.S.2d 895 (3d Dept. 1987), aff’d 70 N.Y.2d 969, 525 N.Y.S.2d 834 (1988). In a second-degree murder case, objected-to testimony by a state trooper was inadmissible hearsay, although its ad......
  • Hearsay
    • United States
    • James Publishing Practical Law Books New York Objections
    • May 3, 2022
    ...to the conversation, and could not identify the doctor. People v. Murphy , 128 A.D.2d 177, 515 N.Y.S.2d 895 (3d Dept. 1987), aff ’d, 70 N.Y.2d 969, 525 N.Y.S.2d 834 (1988). In a second-degree murder case, objected-to testimony by a state trooper was inadmissible hearsay, although its admiss......
  • Hearsay
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2019 Contents
    • August 2, 2019
    ...a party to the conversation and could not identify the doctor. People v. Murphy , 128 A.D.2d 177, 515 N.Y.S.2d 895 (3d Dept. 1987), af ’d 70 N.Y.2d 969, 525 N.Y.S.2d 834 (1988). In a second-degree murder case, objected-to testimony by a state trooper was inadmissible hearsay, although its a......
  • Hearsay
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2021 Contents
    • August 2, 2021
    ...a party to the conversation and could not identify the doctor. People v. Murphy , 128 A.D.2d 177, 515 N.Y.S.2d 895 (3d Dept. 1987), af ’d 70 N.Y.2d 969, 525 N.Y.S.2d 834 (1988). In a second-degree murder case, objected-to testimony by a state trooper was inadmissible hearsay, although its a......
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