Legal Opinion

People v. Marchese

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

Decided May 16, 1988PublishedCited by 7 opinions

1Opinion of the Court

The defendant was convicted of selling over 16 ounces of heroin to an undercover officer on December 2, 1983, and *548another 18 ounces of heroin to the same undercover officer on January 13, 1984.

On appeal the defendant argues that the trial court violated his due process rights as well as the mandatory requirements of CPL 310.30 when, upon receipt of the deliberating jury’s note asking for a definition of "entrapment”, the court failed to summon the jury to the courtroom for further instructions. It was unclear whether or not the defendant was present in the courtroom when the jury’s inquiry…

2Cases cited13 opinions

  1. People v. AshwalNew York Court of Appeals · 1976
  2. People v. SatterfieldNew York Court of Appeals · 1985
  3. People v. MedinaNew York Court of Appeals · 1981
  4. People v. RichettiNew York Court of Appeals · 1951
  5. People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985

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

3Cited by7 opinions

  1. People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. PichardoAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1989

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

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