Legal Opinion

People v. Dercole

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

Decided February 4, 1980PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Lazer, J.

These appeals are from judgments which, after a non-jury trial, convicted the defendants of the crime of criminal contempt in the first degree (Penal Law, § 215.51) and sentenced each of them to five years probation. The defendants contend that (1) the trial court erred in refusing to dismiss the indictments as a matter of law when it determined defendants were denied effective assistance of counsel; (2) the defendants’ guilt was not proven beyond a reasonable doubt; (3) the verdicts were repugnant; (4) the trial court erroneously shifted the burden of proof to…

2Cases cited58 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. Dunn v. United StatesSupreme Court of the United States · 1932
  3. Sealfon v. United StatesSupreme Court of the United States · 1948
  4. Yates v. United StatesSupreme Court of the United States · 1957
  5. People v. MandelNew York Court of Appeals · 1979

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3Cited by24 opinions

  1. Whitaker v. United StatesDistrict of Columbia Court of Appeals · 1992
  2. Gonzalez v. StateDistrict Court of Appeal of Florida · 1983
  3. People v. McDavisAppellate Division of the Supreme Court of the State of New York · 1983
  4. Rowe v. Superior Court, Judicial District of New HavenSupreme Court of Connecticut · 2008
  5. Owsley v. StateIndiana Court of Appeals · 2002

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