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People v. Klemm

124 A.D.2d 826, 508 N.Y.S.2d 545, 1986 N.Y. App. Div. LEXIS 62156
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 24, 1986
StatusPublished
Cited by7 cases

This text of 124 A.D.2d 826 (People v. Klemm) 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. Klemm, 124 A.D.2d 826, 508 N.Y.S.2d 545, 1986 N.Y. App. Div. LEXIS 62156 (N.Y. Ct. App. 1986).

Opinion

[827]*827The complete failure of the trial court to instruct the jury with respect to the evaluation of the identification evidence presented (see, People v Whalen, 59 NY2d 273; People v McKenzie, 97 AD2d 774; People v Daniels, 88 AD2d 392), and its similar total neglect to charge the jury as to the defendant’s alibi defense (see, People v Vera, 94 AD2d 728) mandate reversal, despite the fact that the errors were not preserved for appellate review. Mollen, P. J., Brown, Niehoff and Kooper, JJ., concur.

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Related

People v. Brown
30 A.D.3d 609 (Appellate Division of the Supreme Court of New York, 2006)
Klemm v. State
170 A.D.2d 438 (Appellate Division of the Supreme Court of New York, 1991)
People v. Bryant
158 A.D.2d 808 (Appellate Division of the Supreme Court of New York, 1990)
People v. Howard
153 A.D.2d 903 (Appellate Division of the Supreme Court of New York, 1989)
People v. Hollenquist
150 A.D.2d 607 (Appellate Division of the Supreme Court of New York, 1989)
People v. Bronson
127 A.D.2d 776 (Appellate Division of the Supreme Court of New York, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
124 A.D.2d 826, 508 N.Y.S.2d 545, 1986 N.Y. App. Div. LEXIS 62156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-klemm-nyappdiv-1986.