Gentile v. Levy

Appellate Division of the Supreme Court of New York

Gentile v. Levy

145 A.D.2d 330, 535 N.Y.S.2d 369, 1988 N.Y. App. Div. LEXIS 13229

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

DecidedDecember 8, 1988

StatusPublished

This text of 145 A.D.2d 330 (Gentile v. Levy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gentile v. Levy, 145 A.D.2d 330, 535 N.Y.S.2d 369, 1988 N.Y. App. Div. LEXIS 13229 (N.Y. Ct. App. 1988).

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Opinion

Application by Paul Gentile, pro se, as District Attorney of Bronx County, for an order prohibiting respondent, Hon. David Levy, Justice of the Supreme Court, from submitting his final instructions to the jury in writing in the case of People v Montalvo and Flores (indictment number 2349/87), denied and the petition dismissed.

Although the writ does not lie, we note that no New York appellate court has approved the submission of an entire written charge to a jury and, here, where the issue is novel and both sides object, it is not for a trial court to undertake [331]*331such action. It ill behooves a court at nisi prius to force an issue, especially one of questionable propriety. Concur — Sullivan, J. P., Carro, Milonas, Rosenberger and Smith, JJ.

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Application by Paul Gentile, pro se, as District Attorney of Bronx County, for an order prohibiting respondent, Hon. David Levy, Justice of the Supreme Court, from submitting his final instructions to the jury in writing in the case of People v Montalvo and Flores (indictment number 2349/87), denied and the petition dismissed.

Although the writ does not lie, we note that no New York appellate court has approved the submission of an entire written charge to a jury and, here, where the issue is novel and both sides object, it is not for a trial court to undertake [331]*331such action. It ill behooves a court at nisi prius to force an issue, especially one of questionable propriety. Concur — Sullivan, J. P., Carro, Milonas, Rosenberger and Smith, JJ.

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Bluebook (online)

145 A.D.2d 330, 535 N.Y.S.2d 369, 1988 N.Y. App. Div. LEXIS 13229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gentile-v-levy-nyappdiv-1988.