Legal Opinion

People v. Schaaff

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

Decided July 9, 1979PublishedCited by 23 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 1, 1978, convicting him of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. The prosecution’s summation to the jury in this case was so improper and inflammatory that the defendant was denied a fair trial. In view of the less than overwhelming evidence of identification as to this defendant, the judgment of conviction must be reversed. In…

2Cases cited3 opinions

  1. People v. ShanisNew York Court of Appeals · 1975
  2. People v. BurnsideAppellate Division of the Supreme Court of the State of New York · 1976
  3. People v. IngramAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by23 opinions

  1. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. StewartAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. RicchiutiAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. BonaparteAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. LewisAppellate Division of the Supreme Court of the State of New York · 2016

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