People v. Farrell

Appellate Division of the Supreme Court of New York

People v. Farrell

59 A.D.2d 723, 398 N.Y.S.2d 345, 1977 N.Y. App. Div. LEXIS 13700

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

DecidedOctober 11, 1977

StatusPublished

This text of 59 A.D.2d 723 (People v. Farrell) 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

People v. Farrell, 59 A.D.2d 723, 398 N.Y.S.2d 345, 1977 N.Y. App. Div. LEXIS 13700 (N.Y. Ct. App. 1977).

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Opinion

Appeal from a judgment of the Supreme Court, Queens County, rendered January 3, 1977, convicting defendant of criminal possession of a weapon in the third degree and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts, and as a matter of discretion in the interest of justice, and indictment dismissed. The People failed to prove defendant-appellant’s guilt beyond a reasonable doubt (cf. People v Reisman, 29 NY2d 278). Were we not reversing and dismissing the indictment, we would reverse and order a new trial because the errors of the court in its instructions to the jury deprived defendant of a fair trial. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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Appeal from a judgment of the Supreme Court, Queens County, rendered January 3, 1977, convicting defendant of criminal possession of a weapon in the third degree and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts, and as a matter of discretion in the interest of justice, and indictment dismissed. The People failed to prove defendant-appellant’s guilt beyond a reasonable doubt (cf. People v Reisman, 29 NY2d 278). Were we not reversing and dismissing the indictment, we would reverse and order a new trial because the errors of the court in its instructions to the jury deprived defendant of a fair trial. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 723, 398 N.Y.S.2d 345, 1977 N.Y. App. Div. LEXIS 13700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-farrell-nyappdiv-1977.

Opinion

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