Legal Opinion

People v. D'Alvia

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

Decided September 30, 1991PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Thompson, J. P.

The defendant was convicted, following a jury trial, of one count of perjury in the first degree (Penal Law § 210.15) and three counts of criminal contempt in the first degree (Penal Law § 215.51). On this appeal of the conviction, we are called upon to determine whether the defendant’s challenge to the trial court’s error in permitting the jury to separate overnight after it had retired to deliberate in violation of the mandatory sequestration provision of CPL 310.10 was waived by the defendant’s affirmative consent to the separation. We hold that the…

2Cases cited34 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Johnson v. ZerbstSupreme Court of the United States · 1938
  5. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by8 opinions

  1. People v. GinyardAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. LillyAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. KingAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1992
  5. State v. SinghCourt of Appeals of Washington · 2012

3 more not listed; retrieve them via the Exa API.

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