Legal Opinion
People v. Klemm
Appellate Division of the Supreme Court of the State of New York
Decided November 24, 1986PublishedCited by 7 opinions
1Opinion of the Court
*827The complete failure of the trial court to instruct the jury with respect to the evaluation of the identification evidence presented (see, People v Whalen, 59 NY2d 273; People v McKenzie, 97 AD2d 774; People v Daniels, 88 AD2d 392), and its similar total neglect to charge the jury as to the defendant’s alibi defense (see, People v Vera, 94 AD2d 728) mandate reversal, despite the fact that the errors were not preserved for appellate review. Mollen, P. J., Brown, Niehoff and Kooper, JJ., concur.
2Cases cited4 opinions
- People v. WhalenNew York Court of Appeals · 1983
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1982
- People v. VeraAppellate Division of the Supreme Court of the State of New York · 1983
- People v. McKenzieAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by7 opinions
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1990
- Klemm v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BronsonAppellate Division of the Supreme Court of the State of New York · 1987
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