Legal Opinion · Dissent

People v. Knight

New York Court of Appeals

Decided December 27, 1995Published

1DissentTitone, J.

The identity of the person who committed the crime is often the most critical issue that arises during the course of a criminal trial. Yet, despite its importance, the majority holds in a brief memorandum that there is no need to highlight the burden of proof applicable to the identity issue through a specialized instruction. Because I conclude that the charge is a necessary component of any trial in which identification is in issue, I respectfully dissent.

The preserved issue before the Court in this appeal is whether in a case involving identification reversal is required because of the…

2Cases cited35 opinions

  1. People v. WhalenNew York Court of Appeals · 1983
  2. People v. VictorNew York Court of Appeals · 1984
  3. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. WarrenNew York Court of Appeals · 1990
  5. People v. GardnerAppellate Division of the Supreme Court of the State of New York · 1977

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