Legal Opinion
People v. Giammarino
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1984PublishedCited by 7 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Broomer, J.), rendered July 16,1982, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
*803Judgment affirmed.
After reviewing the charge to the jury in its entirety, we find that Criminal Term adequately instructed the jurors as to the relevant law. Defendant received a fair trial, free from any significant error. The passing reference by the court to “if the scales are even” within the reasonable doubt charge was technically improper. However, the charge, as a whole, correctly…
2Cases cited5 opinions
- People v. CadoretteNew York Court of Appeals · 1982
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1983
- People v. CadoretteAppellate Division of the Supreme Court of the State of New York · 1981
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1983
- People v. TownesAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by7 opinions
- People v. BaezAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1989
- State v. PhillipsCourt of Appeals of Oregon · 2021
- People v. MustafaAppellate Division of the Supreme Court of the State of New York · 1987
- Matter of Mondy E.Appellate Division of the Supreme Court of the State of New York · 2014
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