People v. Cawthon
163 A.D.2d 833, 559 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 9500
Appellate Division of the Supreme Court of the State of New York·Decided July 13, 1990·Published·Cited by 1 cases
Opinion
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.
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People v. Cawthon, 163 A.D.2d 833, 559 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 9500 (N.Y. Ct. App. 1990).
163 A.D.2d 833 (People v. Cawthon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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166 A.D.2d 921 (Appellate Division of the Supreme Court of New York, 1990)