People v. Wright
Appellate Division of the Supreme Court of the State of New York
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
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- People v. DawsonNew York Court of Appeals · 1980
- People v. RussellNew York Court of Appeals · 1934
- People v. Abdul-MalikAppellate Division of the Supreme Court of the State of New York · 1978
- People v. LeasureAppellate Division of the Supreme Court of the State of New York · 1970
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3Cited by5 opinions
- People v. SheirodAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. WolcottAppellate Division of the Supreme Court of the State of New York · 1985
- O'Donnell v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- People v. HughesNew York Supreme Court · 1992