People v. Buthy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWitmer, J.
After two trials (see 33 A D 2d 986) in which juries found the defendant guilty of assault in the first degree, we are reluctantly constrained to reverse the second judgment of conviction and grant a third trial, solely because of prejudicial error in the court’s instructions to the jury.
Upon this appeal defendant also has urged three other grounds for reversal, and we shall dispose of them before considering the trial court’s charge. Defendant contends that the evidence was insufficient to support the jury’s finding that defendant was responsible for his conduct. Defendant was charged with…
2Cases cited7 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Steinberg v. New York Life InsuranceNew York Court of Appeals · 1933
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
- People v. KellyNew York Court of Appeals · 1951
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3Cited by25 opinions
- Dennis Buthy v. The Commissioner of the Office of Mental Health of New York State, the Director of the Gowanda Psychiatric CenterCourt of Appeals for the Second Circuit · 1987
- Post v. StateAlaska Supreme Court · 1978
- People v. ScottNew York Supreme Court · 1978
- People v. BaldiAppellate Division of the Supreme Court of the State of New York · 1980
- People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1986
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