Legal Opinion

People v. Richards

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

Decided October 14, 1980PublishedCited by 4 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 25, 1978, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law as a matter of discretion in the interest of justice, and new trial ordered. Although the defendant’s guilt was proven beyond a reasonable doubt, the evidence cannot be said to be overwhelming. Therefore, the instances of prosecutorial misconduct, compounded by inadequate curative instructions by the court, created substantial prejudice requiring a new trial. During her…

2Cases cited6 opinions

  1. People v. AshwalNew York Court of Appeals · 1976
  2. People v. DawsonNew York Court of Appeals · 1980
  3. People v. ShanisNew York Court of Appeals · 1975
  4. People v. EtheridgeAppellate Division of the Supreme Court of the State of New York · 1979
  5. People v. Miles & ScottAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by4 opinions

  1. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BannermanAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. EstevesAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. WoodhullAppellate Division of the Supreme Court of the State of New York · 1984

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