People v. Terry
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: We reserved decision and remitted this matter to Supreme Court for a reconstruction hearing (People v Terry, 216 AD2d 943) in accordance with our decision in People v Mitchell (189 AD2d 337). Preliminarily, we address two necessary issues: (1) who has the burden at a reconstruction hearing to establish whether defendant was present at a Sandoval conference, and (2) what standard of proof should be applied at that hearing. The People have the constitutional burden of proving defendant’s guilt beyond a reasonable doubt with respect to every element of the crime charged (People v…
2Cases cited10 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Carella v. CaliforniaSupreme Court of the United States · 1989
- People v. NewmanNew York Court of Appeals · 1978
- People v. GiordanoNew York Court of Appeals · 1995
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by14 opinions
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- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 1996
- People v. PitsleyAppellate Division of the Supreme Court of the State of New York · 2002
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