Legal Opinion · Dissent

People v. Jackson

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

Decided June 5, 2007Published

1DissentFisher, J.

The conduct of a criminal trial in accordance with an agreed-upon schedule offers benefits to both the prosecution and the defense, and reduces inconvenience to jurors. But there are times when a court’s concern for keeping to a promised schedule can abridge a defendant’s basic rights, and undermine the integrity and fairness of the trial itself. In the unusual circumstances of this case, I conclude that the trial court’s refusal to grant the defendant’s request for an additional one-day continuance to produce a proven alibi witness had that effect. Therefore, I respectfully dissent and would…

2Cases cited17 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  3. People v. CableNew York Court of Appeals · 1984
  4. People v. FoyNew York Court of Appeals · 1973
  5. People v. SpearsNew York Court of Appeals · 1984

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