Legal Opinion

People v. Shivers

Appellate Division of the Supreme Court of the State of New York

Decided January 30, 2003PublishedCited by 2 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered March 5, 1998, convicting defendant, after a jury trial, of robbery in the second degree and sentencing him, as a second felony offender, to a term of 13 years, unanimously affirmed.

While the court’s charge should have included, as requested by defendant, some balancing language conveying the principle that a reasonable doubt could arise from the insufficiency or lack of evidence (see People v Corbin, 214 AD2d 318, lv denied 86 NY2d 780; compare People v Reinoso, 257 AD2d 484, lv denied 93 NY2d 901), the error was harmless in…

2Cases cited6 opinions

  1. People v. ToscaNew York Court of Appeals · 2002
  2. People v. MAHER (KENNETH)New York Court of Appeals · 1997
  3. People v. ReinosoAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. ToscaAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by2 opinions

  1. People v. BurgosAppellate Division of the Supreme Court of the State of New York · 2011
  2. BURGOS, DAVID, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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