Legal Opinion
People v. Cierzniewski
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1988PublishedCited by 9 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered November 20, 1986, convicting him of criminal sale of a controlled substance in the fifth degree and criminal facilitation in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
It is well established that as long as there is some reasonable view of the evidence that a defendant acted as an instrumentality of the buyer, however slight, the court must, upon timely request, charge the jury as to the defense of…
2Cases cited5 opinions
- People v. WattsNew York Court of Appeals · 1982
- People v. ArgibayNew York Court of Appeals · 1978
- People v. SteeleNew York Court of Appeals · 1970
- People v. RocheNew York Court of Appeals · 1978
- People v. OliverAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by9 opinions
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1990
- People v. Abdul-AzizAppellate Division of the Supreme Court of the State of New York · 1995
- People v. De La RosaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KirkAppellate Division of the Supreme Court of the State of New York · 1988
- People v. DobieAppellate Division of the Supreme Court of the State of New York · 1998
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