Legal Opinion

People v. Read

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

Decided February 18, 1997Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered February 3, 1995, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the court’s denial of *566his motion to reopen the case did not constitute an improvident exercise of discretion (see, People v Olsen, 34 NY2d 349, 353). Furthermore, the court’s charge, which followed the language set forth in the Criminal Jury Instructions (see, 2 CJI[NY] PL 160.05, at 897-901), adequately…

2Cases cited4 opinions

  1. People v. OlsenNew York Court of Appeals · 1974
  2. People v. DoryNew York Court of Appeals · 1983
  3. People v. DeringAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. FreaneyAppellate Division of the Supreme Court of the State of New York · 1985

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