Legal Opinion
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2004PublishedCited by 3 opinions
1Opinion of the Court
*457Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered April 16, 2002, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, the sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.
The Supreme Court erroneously instructed the jury on the charge of robbery by defining its elements prior to opening statements (see CPL 260.30, 270.40). The Supreme Court’s instructions created the possibility of premature…
2Cases cited8 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. PattersonNew York Court of Appeals · 1976
- People v. AhmedNew York Court of Appeals · 1985
- People v. MehmediNew York Court of Appeals · 1987
- People v. TownsendNew York Court of Appeals · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Andrews v. LeCLAIREDistrict Court, S.D. New York · 2010
- People v. HarperAppellate Division of the Supreme Court of the State of New York · 2006
- People v. PaytonAppellate Division of the Supreme Court of the State of New York · 2006