Legal Opinion

People v. Phelps

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1990PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered July 6, 1984, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the judgment of conviction should be reversed because the court erroneously defined reasonable doubt in its charge to the jury. We find this contention to be without merit as the court’s charge, when read as a whole, properly conveyed to the jury the difference between a reasonable doubt and one based on a "whim, sympathy…

2Cases cited5 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. MalloyNew York Court of Appeals · 1982
  3. People v. JonesNew York Court of Appeals · 1970
  4. People v. KueyAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. SwindallAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. People v. BenbowAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. AcostaAppellate Division of the Supreme Court of the State of New York · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API