Legal Opinion
People v. Rivera
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 1977PublishedCited by 7 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law and facts, and new trial granted. Memorandum: Defendant was convicted of burglary in the third degree as charged in a single-count indictment. Although the indictment accused defendant of unlawfully entering a building "with the intent to commit the crime of larceny”, the trial court instructed the jury *702that if the defendant did not intend to commit larceny, he could nevertheless be found guilty of burglary if he intended to commit "some other crime”. This charge impermissibly allowed the jury to define criminal conduct and also precludes a…
2Cases cited5 opinions
- Doyle v. OhioSupreme Court of the United States · 1976
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1974
- People v. SantanaAppellate Division of the Supreme Court of the State of New York · 1973
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1975
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by7 opinions
- State v. DayNew Mexico Court of Appeals · 1978
- State v. ZayasSupreme Court of Connecticut · 1985
- State v. ReardonSupreme Court of New Hampshire · 1981
- People v. Thomas J. S.Appellate Division of the Supreme Court of the State of New York · 1978
- People v. NealAppellate Division of the Supreme Court of the State of New York · 1999
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