Legal Opinion

People v. Burgos

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

Decided March 17, 2011Published

1Opinion of the Court

Any error in declining defendant’s request for a consciousness of guilt charge does not warrant reversal, since the court’s charge as a whole gave the jury appropriate guidance and because any consciousness of guilt evidence was a minor component of the People’s case in light of the overwhelming evidence of defendant’s guilt (see e.g. People v Valtin, 284 AD2d 203 [2001], lv denied 97 NY2d 643 [2001]). There is no reasonable possibility that a consciousness of guilt charge would have resulted in a different verdict. Concur — Gonzalez, EJ., Tom, Acosta, Richter and Román, JJ.

2Cases cited1 opinion

  1. People v. ValtinAppellate Division of the Supreme Court of the State of New York · 2001