Legal Opinion
People v. Rivera
New York Court of Appeals
Decided June 10, 2014PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
The primary issue before us is whether the trial court’s violation of defendant’s right to be present during a supplemental jury instruction to a single juror constitutes a mode of proceedings error entitling defendant to a new trial. We conclude that, under the circumstances of this case, it does and therefore affirm.
Andres Garcia shot a friend of defendant Anner Rivera five or six times and then allegedly pointed the gun at defendant, who fired back and killed Garcia. After defendant was indicted for intentional murder (see Penal Law § 125.25 [1]) and weapon…
2Cases cited22 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
- People v. O'RamaNew York Court of Appeals · 1991
- People v. PattersonNew York Court of Appeals · 1976
- People v. CiaccioNew York Court of Appeals · 1979
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- The People v. Terrance L. MackNew York Court of Appeals · 2016
- The People v. Pamela Hanson, The People v. Julian SilvaNew York Court of Appeals · 2014
- People v. CirinoAppellate Division of the Supreme Court of the State of New York · 2022
- People v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 2016
- People v. KlugeAppellate Division of the Supreme Court of the State of New York · 2020
11 more not listed; retrieve them via the Exa API.