context: Third, the dissenters, apparently animated by their disagreement with current New York law, argue at length that the law used to be different. We think the purpose of certification is to ask the New York Court of Appeals that question, rather than to urge them to adopt our own interpretations of state law. We do respectfully point out, however, that New York judges have not necessarily agreed with the dissenters' views.
citation_a.signal: cf.
citation_a.identifier: 644 N.E.2d 1331, 1335-36
citation_a.parenthetical: upholding a trial court's refusal to submit lesser-included offenses to the jury and explaining that evidence of intoxication does not automatically entitle a jury to find that a defendant acted recklessly
citation_a.sentence: See People v. Gonzalez, 554 N.Y.S.2d 506, 508, 160 A.D.2d 502, 504 (1st Dep’t 1990) (citing Gallagher and concluding that “the record clearly establishes that if defendant was guilty of shooting [the victim], he was guilty of an intentional shooting or no other. Thus, the submission of depraved mind murder was improper and the conviction thereon is vacated, and the count dismissed.” (internal citation and quotation omitted)); People ex rel. Parsons v. Walsh, 800 N.Y.S.2d 853, 854, 21 A.D.3d 1169, 1169 (3d Dep’t 2005) (stating that Payne did not declare a retroactive change in the law but, rather, applied existing case law), leave to appeal denied, 6 N.Y.3d 702, 843 N.E.2d 1156, 810 N.Y.S.2d 416 (2005); cf. People v. Butler, 84 N.Y.2d 627, 632-34, 644 N.E.2d 1331, 1335-36, 620 N.Y.S.2d 775, 779-80 (1994) (upholding a trial court’s refusal to submit lesser-included offenses to the jury and explaining that evidence of intoxication does not automatically entitle a jury to find that a defendant acted recklessly).
citation_b.signal: see
citation_b.parenthetical: stating that Payne did not declare a retroactive change in the law but, rather, applied existing case law
citation_b.sentence: See People v. Gonzalez, 554 N.Y.S.2d 506, 508, 160 A.D.2d 502, 504 (1st Dep’t 1990) (citing Gallagher and concluding that “the record clearly establishes that if defendant was guilty of shooting [the victim], he was guilty of an intentional shooting or no other. Thus, the submission of depraved mind murder was improper and the conviction thereon is vacated, and the count dismissed.” (internal citation and quotation omitted)); People ex rel. Parsons v. Walsh, 800 N.Y.S.2d 853, 854, 21 A.D.3d 1169, 1169 (3d Dep’t 2005) (stating that Payne did not declare a retroactive change in the law but, rather, applied existing case law), leave to appeal denied, 6 N.Y.3d 702, 843 N.E.2d 1156, 810 N.Y.S.2d 416 (2005); cf. People v. Butler, 84 N.Y.2d 627, 632-34, 644 N.E.2d 1331, 1335-36, 620 N.Y.S.2d 775, 779-80 (1994) (upholding a trial court’s refusal to submit lesser-included offenses to the jury and explaining that evidence of intoxication does not automatically entitle a jury to find that a defendant acted recklessly).