Legal Opinion
People v. Douglas
New York Supreme Court
Decided August 25, 1998PublishedCited by 5 opinions
1Opinion of the Court
*919OPINION OF THE COURT
Dominic R. Massaro, J.
The issue presented on this application — the spectre of race-based jury nullification having arisen at trial — is whether the People are entitled to a jury instruction which affirmatively states that the propriety of search and seizure is beyond the jury’s province to decide. The court is duty bound to uphold the law, and the law requires such appropriate instruction.
FACTUAL SETTINGS
O. B. Douglas was arrested and indicted for the crimes of criminal possession of a weapon in the third (Penal Law § 265.02 [4]) and fourth (Penal Law § 265.01 [1])…
2Cases cited29 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Smith v. PhillipsSupreme Court of the United States · 1982
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. GaudinSupreme Court of the United States · 1995
24 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. WallerColorado Court of Appeals · 2016
- State v. HatoriHawaii Intermediate Court of Appeals · 1999
- People v. Santiago, New York County Courts2000
- Pavlou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- State v. Jerry Lee CraigmireCourt of Criminal Appeals of Tennessee · 1999