Legal Opinion
People v. Sharp
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 1979PublishedCited by 7 opinions
1Opinion of the Court
—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 4, 1976, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. The trial court’s instructions to the jury deprived defendant of a fair trial. In its preliminary instructions, the court stated "If the evidence disproves [defendant’s] guilt then you find him not guilty”, thus shifting the burden of proof onto defendant. The error was compounded in the trial…
2Cases cited5 opinions
- People v. HamlinAppellate Division of the Supreme Court of the State of New York · 1977
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1978
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1971
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1978
- People v. McCargoAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by7 opinions
- People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MoranAppellate Division of the Supreme Court of the State of New York · 1981
- People v. SivelsAppellate Division of the Supreme Court of the State of New York · 2014
- Johnson v. Warden, Auburn Correctional FacilityDistrict Court, E.D. New York · 1984
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