People v. McKutchen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered June 27, 1975, convicting him of two counts of criminally selling a controlled substance in the third 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. In the instant case, the dominant issue was one of identity and the resolution of that issue depended solely upon the jury’s assessment of the relative credibility of the defendant versus the People’s only eyewitness, an undercover narcotics…
2Cases cited10 opinions
- People v. LovelloNew York Court of Appeals · 1956
- People v. CarterNew York Court of Appeals · 1976
- People v. MorrisNew York Court of Appeals · 1975
- People v. TartagliaNew York Court of Appeals · 1974
- People v. JacksonNew York Court of Appeals · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. BlackmanAppellate Division of the Supreme Court of the State of New York · 1982
- People v. ColonnaAppellate Division of the Supreme Court of the State of New York · 1987
- State v. SmithCourt of Appeals of Washington · 1992
- People v. AliAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KoulliasAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.