Legal Opinion

People v. Gay

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

Decided May 11, 1978PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County, rendered June 26, 1975, convicting defendant, upon a jury verdict, of rape in the first degree and attempted sodomy in the first degree, unanimously reversed, on the law, and as a matter of discretion in the interest of justice, and a new trial directed. The improper introduction of evidence concerning a prior unindicted assault by defendant mandates a new trial. Although the People argue that such evidence was admissible in that, as the complainant knew of the prior assault, it was probative of her state of mind at the time of the crime, the trial…

2Cases cited6 opinions

  1. People v. FioreNew York Court of Appeals · 1974
  2. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1978
  3. People v. GuestAppellate Division of the Supreme Court of the State of New York · 1976
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1967

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3Cited by6 opinions

  1. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1980
  2. People v. RiosAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. DiazAppellate Division of the Supreme Court of the State of New York · 1991
  4. In re Jose L.Appellate Division of the Supreme Court of the State of New York · 1978
  5. People v. WoodardAppellate Division of the Supreme Court of the State of New York · 1978

1 more not listed; retrieve them via the Exa API.

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