Legal Opinion
People v. Samuels
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1986PublishedCited by 3 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered June 25, 1982, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Although the trial court erred in employing the phrase "if your minds are wavering or if the scales are even” in charging the jury as to reasonable doubt, reversal on this ground is not required since the charge, when read in its entirety, conveyed to the jury the appropriate standard of proof (see, People v Townes, 104 AD2d 1057; People v Bebee, 105 AD2d 751).
The…
2Cases cited6 opinions
- People v. McGeeNew York Court of Appeals · 1979
- People v. ConnellyNew York Court of Appeals · 1974
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1983
- People v. TownesAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SwainAppellate Division of the Supreme Court of the State of New York · 1987
- People v. GambrellAppellate Division of the Supreme Court of the State of New York · 1989