Onondaga County DA plans to appeal ov...

Onondaga County DA plans to appeal overturned decision in DeLee transgender hate crime

There are 1 comment on the NewsChannel 9 WSYR story from Jul 22, 2013, titled Onondaga County DA plans to appeal overturned decision in DeLee transgender hate crime. In it, NewsChannel 9 WSYR reports that:

Onondaga County District Attorney William Fitzpatrick announced on Monday that his office plans to appeal to the New York State Court of Appeals after the Appellate Division, Fourth Department overturned the conviction of manslaughter in the first degree as a hate crime against Dwight DeLee.

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“Peace”

Since: Feb 08

Earth

#1 Jul 23, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
419
KA 09-02479
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MEMORANDUM AND ORDER
DWIGHT R. DELEE, DEFENDANT-APPELLANT.

http://www.nycourts.gov/courts/ad4/Clerk/Deci...

Appeal from a judgment of the Onondaga County Court (William D.
Walsh, J.), rendered August 18, 2009. The judgment convicted defendant,
upon a jury verdict, of manslaughter in the first degree as a hate crime
and criminal possession of a weapon in the third degree.
It is hereby ORDERED that the judgment so appealed from is modified
on the law by reversing that part convicting defendant of manslaughter
in the first degree as a hate crime (Penal Law §§ 125.20 [1]; 485.05 [1]
[a]) and dismissing count one of the indictment and as modified the
judgment is affirmed.
Memorandum: On appeal from a judgment convicting him following a
jury trial of manslaughter in the first degree as a hate crime (Penal
Law §§ 125.20 [1]; 485.05 [1][a]) and criminal possession of a weapon
in the third degree (§ 265.02 [1]), defendant contends that the verdict
is inconsistent insofar as the jury convicted him of manslaughter in the
first degree as a hate crime but acquitted him of manslaughter in the
first degree (§ 125.20 [1]). We agree with that contention and
therefore modify the judgment accordingly.

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