People v. Cawthon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The court’s failure to give a circumstantial evidence charge requires that the judgment be modified by reversing defendant’s conviction of first degree rape and granting a new trial on that count of the indictment (see, People v Ball, 162 AD2d 989 [involving the appeal of the codefendant]). (Appeal from judgment of Supreme Court, Erie County, Kasler, J.—robbery, first degree.) Present—Boomer, J. P., Green, Pine, Davis and Lowery, JJ.
2Cases cited1 opinion
- People v. BallAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- People v. MossAppellate Division of the Supreme Court of the State of New York · 1990