People v. Bell

New York County Courts

People v. Bell

89 Misc. 2d 224, 391 N.Y.S.2d 55, 1977 N.Y. Misc. LEXIS 1862

CourtNew York County Courts

DecidedJanuary 18, 1977

StatusPublished

Cited by1 cases

This text of 89 Misc. 2d 224 (People v. Bell) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bell, 89 Misc. 2d 224, 391 N.Y.S.2d 55, 1977 N.Y. Misc. LEXIS 1862 (N.Y. Super. Ct. 1977).

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Opinion

John S. Lockman, J.

During deliberations on an attempted rape charge where outside light bore on the issue of identification, the jury requests a lunar calendar.

CPL 310.30 seems dispositive: "At any time during its deliberation, the jury may request the court for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury’s consideration of the case. Upon such a request, the court must direct that the jury be returned to the courtroom and, after notice to both the people and counsel for the defendant, and in the [225]*225presence of the defendant, must give such requested information or instruction as the court deems proper.” (Emphasis added.)

However, the defense objects on the grounds that, summations having concluded, it is deprived of comment. Accordingly, counsel is permitted to comment or, alternatively have the court comment and the jury’s request is granted.

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John S. Lockman, J.

During deliberations on an attempted rape charge where outside light bore on the issue of identification, the jury requests a lunar calendar.

CPL 310.30 seems dispositive: "At any time during its deliberation, the jury may request the court for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury’s consideration of the case. Upon such a request, the court must direct that the jury be returned to the courtroom and, after notice to both the people and counsel for the defendant, and in the [225]*225presence of the defendant, must give such requested information or instruction as the court deems proper.” (Emphasis added.)

However, the defense objects on the grounds that, summations having concluded, it is deprived of comment. Accordingly, counsel is permitted to comment or, alternatively have the court comment and the jury’s request is granted.

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Bluebook (online)

89 Misc. 2d 224, 391 N.Y.S.2d 55, 1977 N.Y. Misc. LEXIS 1862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bell-nycountyct-1977.

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