Legal Opinion

People v. Wright

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

Decided February 26, 1982PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: It was reversible error for the court, in the absence of independent proof of fabrication, to instruct the jury that it could consider as some evidence of guilt a possible false alibi (People v Russell, 266 NY 147; People v Abdul-Malik, 61 AD2d 657, 661; People v Cright, 47 AD2d 906; People v Leasure, 34 AD2d 688; Richardson, Evidence [10th ed], § 167). Since a new trial is required, we note that the instruction that a person intends the natural and probable consequences of his act, although not objected to, was…

2Cases cited6 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. People v. DawsonNew York Court of Appeals · 1980
  3. People v. RussellNew York Court of Appeals · 1934
  4. People v. Abdul-MalikAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. LeasureAppellate Division of the Supreme Court of the State of New York · 1970

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

3Cited by5 opinions

  1. People v. SheirodAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. WolcottAppellate Division of the Supreme Court of the State of New York · 1985
  4. O'Donnell v. StateAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. HughesNew York Supreme Court · 1992

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