Legal Opinion

People v. Spears

New York Court of Appeals

Decided December 18, 1984PublishedCited by 128 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant was charged with criminal possession of a controlled substance in the third and fourth degrees (Penal Law, § 220.16, subd 1; § 220.09, subd 1), and tried jointly with a codefendant before a jury. On the second day of trial, the People presented six witnesses and rested, the codefendant testified, and after his intended final witness failed to appear, he rested. The court thereupon instructed defendant’s counsel to proceed. Counsel asked if he “could have until tomorrow…

2Cases cited8 opinions

  1. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  2. People v. CableNew York Court of Appeals · 1984
  3. People v. BallottNew York Court of Appeals · 1967
  4. People v. FoyNew York Court of Appeals · 1973
  5. People v. NarayanNew York Court of Appeals · 1981

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3Cited by128 opinions

  1. The People v. Steven LashwayNew York Court of Appeals · 2015
  2. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1985
  3. Rossi v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
  4. Patricia L. v. Steven L.Appellate Division of the Supreme Court of the State of New York · 1986
  5. People v. DashnawAppellate Division of the Supreme Court of the State of New York · 2007

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