People v. Allen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
*1083The trier of fact may apply logic, common sense and everyday experience to interpret the admitted evidence, but may not engage in conduct that tends to put the factfinder in possession of evidence that was not introduced (see People v Brown, 48 NY2d 388, 393 [1979]). Supreme Court’s experiment here went beyond merely applying everyday experience (see id. at 394) or observing the properties of the physical evidence itself (see People v Gerard, 10 AD3d 579, 579-580 [2004], lv denied 4 NY3d 744 [2004] [affirming where jury was permitted to look down courthouse hallway through binoculars in…
2Cases cited13 opinions
- People v. BerriosNew York Court of Appeals · 1971
- People v. DodtNew York Court of Appeals · 1984
- People v. BrownNew York Court of Appeals · 1979
- People v. GonzalezNew York Court of Appeals · 1996
- People v. LegisterNew York Court of Appeals · 1990
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3Cited by6 opinions
- The People v. Rebecca GuthrieNew York Court of Appeals · 2015
- People v. DriscollAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2020
- People v. GillesJustice Court of Village of Red Hook · 2015
- The People v. Rebecca GuthrieNew York Court of Appeals · 2015
1 more not listed; retrieve them via the Exa API.