Legal Opinion

Benjamin v. Fischer

Court of Appeals for the Second Circuit

Decided February 2, 2004No. 03-2067PublishedCited by 2 opinions

1Opinion of the Court

SUMMARY ORDER

In 1997, Donald Benjamin was convicted, following a jury trial, on charges of second-degree burglary and third-degree robbery in violation of New York law. He was sentenced to a total of eight-years’ imprisonment. Benjamin unsuccessfully challenged his conviction in the state courts on the ground, inter alia, that the jury, by improperly probing a redacted defense exhibit, had been exposed to prej*762udicial extrinsic information, specifically, the fact of Benjamin’s prior robbery arrests. In rejecting this argument, the Appellate Division, First Department, observed that the defense…

2Cases cited9 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Smith v. PhillipsSupreme Court of the United States · 1982
  5. Marshall v. United StatesSupreme Court of the United States · 1959

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3Cited by2 opinions

  1. United States v. Vernon Snype, Marisa HicksCourt of Appeals for the Second Circuit · 2006
  2. State v. KamelConnecticut Appellate Court · 2009

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