Cargando…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 89 A.D.2d 672. Datos: https://static.case.law/ad2d/89/cases/0672-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Burgh, 89 A.D.2d 672 (New York Supreme Court, Appellate Division, 1982) Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered January 21,1981, upon a verdict convicting defendant of the crime of robbery in the first degree. Defendant and his accomplice, Grayson Banks, robbed at knifepoint a Binghamton taxi driver. During the robbery the driver received knife wounds to his face and hand. Banks confessed shortly after being arrested. The police investigation which followed revealed that defendant was the other man involved. Each was accused in a one-count indictment of aiding and abetting the other in committing robbery in the first degree. Before trial, Banks pleaded guilty as charged and received a sentence of 3 to 9 years. Defendant, who elected to be tried, was convicted of the same offense and was sentenced to a term of imprisonment of not less than 6% years and not greater than 20 years. Defendant contends, among other things, that he was deprived of a fair trial because during jury selection the prosecutor informed the panel that Banks had pleaded guilty and therefore would not be involved in the trial. Although the prosecutor should have avoided making this reference, we do not find it unduly prejudicial, particularly in light of the unobjected to curative instructions given by the court both in its pretrial comments and charge to the jury (see United States o Gibbons, 602 F2d 1044, 1048, cert den 444 US 950). Except for an…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 89 A.D.2d 672. Datos: https://static.case.law/ad2d/89/cases/0672-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Burgh, 89 A.D.2d 672 (New York Supreme Court, Appellate Division, 1982) Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered January 21,1981, upon a verdict convicting defendant of the crime of robbery in the first degree. Defendant and his accomplice, Grayson Banks, robbed at knifepoint a Binghamton taxi driver. During the robbery the driver received knife wounds to his face and hand. Banks confessed shortly after being arrested. The police investigation which followed revealed that defendant was the other man involved. Each was accused in a one-count indictment of aiding and abetting the other in committing robbery in the first degree. Before trial, Banks pleaded guilty as charged and received a sentence of 3 to 9 years. Defendant, who elected to be tried, was convicted of the same offense and was sentenced to a term of imprisonment of not less than 6% years and not greater than 20 years. Defendant contends, among other things, that he was deprived of a fair trial because during jury selection the prosecutor informed the panel that Banks had pleaded guilty and therefore would not be involved in the trial. Although the prosecutor should have avoided making this reference, we do not find it unduly prejudicial, particularly in light of the unobjected to curative instructions given by the court both in its pretrial comments and charge to the jury (see United States o Gibbons, 602 F2d 1044, 1048, cert den 444 US 950). Except for an…