Legal Opinion
People v. Castricone
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1993PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant contends that the instruction of Supreme Court regarding its ruling at the pretrial Wade hearing mandates reversal. We agree. In instructing the jury regarding its Wade determination, the court stated that it had "concluded as a matter of law that the procedure used, including the photo array identifications made on August 16, 1991, were [sic] reasonable, not unduly suggestive nor in violation of defendant’s constitutional rights. Those issues are not before you nor are they to be considered by you in…
2Cases cited6 opinions
- People v. AshwalNew York Court of Appeals · 1976
- People v. RuffinoAppellate Division of the Supreme Court of the State of New York · 1985
- People v. IveyAppellate Division of the Supreme Court of the State of New York · 1981
- People v. MaloneAppellate Division of the Supreme Court of the State of New York · 1991
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. ScuttAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SampsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2016
- State v. RidoutNew Jersey Superior Court Appellate Division · 1997
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2016