People v. Rawlins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issues in this appeal are the sufficiency of the court’s charge on the credibility of witnesses and on circumstantial evidence. Because we believe the charge was deficient in both respects, we reverse.
The People’s case established the following. On April 3, 1987 at approximately 3:30 a.m. uniformed security guards Joseph Lombardo and Patricia Rivera were dispatched by Holmes Protection Service to Rafael’s Restaurant, located on West 54th Street in Manhattan, in response to a silent burglar alarm. Lombardo and Rivera arrived at the restaurant in separate…
2Cases cited8 opinions
- People v. FordNew York Court of Appeals · 1985
- People v. SanchezNew York Court of Appeals · 1984
- People v. OchsNew York Court of Appeals · 1957
- People v. GadsdenAppellate Division of the Supreme Court of the State of New York · 1981
- People v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Franza v. StinsonDistrict Court, S.D. New York · 1999
- People v. NunezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. AllanAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PegeiseAppellate Division of the Supreme Court of the State of New York · 1993