Legal Opinion
People v. Newell
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 1991PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law and new trial granted. Memorandum: In its charge to the jury, the trial court incorrectly defined reasonable doubt as a doubt "based entirely and absolutely on good sound substantial reason” and, on three occasions, stated that a juror who harbors doubt should be able to articulate a good reason for such doubt to his fellow jurors. Defendant objected to the charge as given, thereby preserving this issue for review. Because the charge as a whole failed to convey the proper standard to the jury, reversal is required (see, People v Phoenix, 148 AD2d…
2Cases cited7 opinions
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
- People v. La RosaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LuisAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BalianAppellate Division of the Supreme Court of the State of New York · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Joseph Martin Gaines v. Walter R. KellyCourt of Appeals for the Second Circuit · 2000
- People v. FrankAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GeddesAppellate Division of the Supreme Court of the State of New York · 1992