People v. Shivers
Appellate Division of the Supreme Court of the State of New York
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
- People v. ToscaNew York Court of Appeals · 2002
- People v. MAHER (KENNETH)New York Court of Appeals · 1997
- People v. ReinosoAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ToscaAppellate Division of the Supreme Court of the State of New York · 2001
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by2 opinions
- People v. BurgosAppellate Division of the Supreme Court of the State of New York · 2011
- BURGOS, DAVID, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011