Legal Opinion

People v. Mahan

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

Decided July 29, 1993Published

1DissentLevine, J.

In our view, the failure of County Court to charge the jury on the accomplice rule as applied to the testimony of Kenneth Peasley and Brian King cannot be characterized as harmless error in this case (see, People v Minarich, 46 NY2d 970, 971), and this Court should reverse in the interest of justice. All six counts of the indictment involved three automobiles sold at defendant’s lot. The stolen inspection stickers defendant was charged with possessing were affixed to their windshields. The three falsifying business records counts of the indictment (see, Penal Law § 175.10) concern false…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. People v. BaschNew York Court of Appeals · 1975
  2. People v. SweetNew York Court of Appeals · 1991
  3. People v. MinarichNew York Court of Appeals · 1979
  4. People v. LeonAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. ArnottAppellate Division of the Supreme Court of the State of New York · 1988

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