People v. Wheatley
| Citation | 11 N.Y.3d 931,902 N.E.2d 450 |
| Parties | PEOPLE v. WHEATLEY. |
| Decision Date | 22 January 2009 |
| Court | New York Court of Appeals |
Appeal from 3d Dept.: 55 A.D.3d 947, 865 N.Y.S.2d 381 (Albany).
Application for leave to criminal appeal Denied. (Pigott, J.).
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4 cases
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People v. Saylor
... ... Defendant's related assertion that a justification charge was warranted 102 N.Y.S.3d 801 under a "choice-of-evils" defense (see Penal Law 35.05[2] ) is unpreserved (see People v. Wheatley, 55 A.D.3d 947, 949, 865 N.Y.S.2d 381 [2008], lv denied 11 N.Y.3d 931, 874 N.Y.S.2d 16, 902 N.E.2d 450 [2009] ).To the extent that we have not expressly addressed any of defendant's remaining contentions, they have been examined and found to be without merit.ORDERED that the judgment is affirmed ... ...
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People v. Burch
... ... Accordingly, we are satisfied that the requirements of CPL 200.50(8) and (9) have been met ( see People v. Wheatley, 55 A.D.3d 947, 948, 865 N.Y.S.2d 381 [2008],lv. denied11 N.Y.3d 931, 874 N.Y.S.2d 16, 902 N.E.2d 450 [2009];People v. Striplin, 48 A.D.3d at 879, 851 N.Y.S.2d 685;People v. Brown, 17 A.D.3d at 870, 793 N.Y.S.2d 270). Defendant's remaining challenge to the indictment is equally lacking in merit ... ...
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Frank A. v. Chemung Cnty.
... ... by escaping into his [or her] residence (People v. Wheatley, 55 A.D.3d 947, 948, 865 N.Y.S.2d 381 [2008], lv. denied 11 N.Y.3d 931, 874 N.Y.S.2d 16, 902 N.E.2d 450 [2009] [internal quotation marks ... ...
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People v. Baugh
... ... Mateo, 2 N.Y.3d 383, 408, 779 N.Y.S.2d 399, 811 N.E.2d 1053 [2004],cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828 [2004];People v. Rivera, 84 N.Y.2d 766, 768, 622 N.Y.S.2d 671, 646 N.E.2d 1098 [1995];[956 N.Y.S.2d 316]People v. Wheatley, 55 A.D.3d 947, 949, 865 N.Y.S.2d 381 [2008],lv. denied11 N.Y.3d 931, 874 N.Y.S.2d 16, 902 N.E.2d 450 [2009] ).Defendant's guilt as a principal was based on statements attributed to him by the police as well as testimony given by numerous eyewitnesses who stated that defendant was intimately[101 ... ...