People v. Ball
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed, in accordance with memorandum, and matter remitted to Supreme Court, Erie County, for a new trial on that count of the indictment charging rape, first degree. Memorandum: Defendant and two codefendants were convicted of burglary, robbery, rape, assault, and larceny. The charges arose from a break-in at the home of an elderly woman. Defendant’s conviction of first degree rape must be reversed, the sentence vacated, and a new trial granted on that count of the indictment because the court failed to give the circumstantial…
2Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BarnesNew York Court of Appeals · 1980
- People v. FordNew York Court of Appeals · 1985
- People v. DuncanNew York Court of Appeals · 1978
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3Cited by5 opinions
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CawthonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MossAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RossAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BallAppellate Division of the Supreme Court of the State of New York · 2005