Legal Opinion

People v. Harper

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

Decided June 6, 2006PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Spolzino, J.

The principal issue presented on this appeal is whether the Supreme Court erred in explaining to the jury, in the course of giving preliminary instructions, the elements of each of the three robbery counts with which the defendant was charged. The defendant argues, on the basis of People v Mollica (267 AD2d 479 [1999]), that giving such instructions constitutes reversible error. For the reasons that follow, however, we decline to adhere to the rule enunciated in People v Mollica (supra) and, because the remaining issues raised by the defendant on this appeal…

2Cases cited11 opinions

  1. People v. OwensNew York Court of Appeals · 1987
  2. People v. NewmanNew York Court of Appeals · 1978
  3. People v. TownsendNew York Court of Appeals · 1986
  4. People v. VincentyNew York Court of Appeals · 1986
  5. People v. MollicaAppellate Division of the Supreme Court of the State of New York · 1999

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Harper v. ErcoleCourt of Appeals for the Second Circuit · 2011
  2. Andrews v. LeCLAIREDistrict Court, S.D. New York · 2010
  3. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. PaytonAppellate Division of the Supreme Court of the State of New York · 2006

9 more not listed; retrieve them via the Exa API.

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