Legal Opinion

People v. Tucker

New York Court of Appeals

Decided February 14, 1991PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in each case should be affirmed.

During deliberations, the jury asked for reinstruction on the elements of first and second degree robbery. The Judge complied with that request, first listing the elements and then explaining them. While the Judge was explaining the elements, a juror apparently was taking notes. Noticing this, the Judge instructed the jurors that if disagreement arose between a juror’s recollection and the notes, the jurors must request a readback of the instruction. After this cautionary instruction, defense…

2Cases cited7 opinions

  1. People v. OwensNew York Court of Appeals · 1987
  2. People v. NimmonsNew York Court of Appeals · 1988
  3. People v. DiLucaAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. MooreNew York Court of Appeals · 1988
  5. People v. SandersNew York Court of Appeals · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. People v. DamianoNew York Court of Appeals · 1996
  2. People v. BakerNew York Court of Appeals · 2010
  3. People v. HuesNew York Court of Appeals · 1998
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2012
  5. Koperda v. Town of WhitestownAppellate Division of the Supreme Court of the State of New York · 1996

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API