People v. Lowder

Appellate Division of the Supreme Court of New York

People v. Lowder

129 A.D.2d 998, 514 N.Y.S.2d 311, 1987 N.Y. App. Div. LEXIS 45692

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

DecidedApril 3, 1987

StatusPublished

This text of 129 A.D.2d 998 (People v. Lowder) 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. Lowder, 129 A.D.2d 998, 514 N.Y.S.2d 311, 1987 N.Y. App. Div. LEXIS 45692 (N.Y. Ct. App. 1987).

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Opinion

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of murder in the second degree and criminal possession of a weapon in the second degree, defendant raises several claims and only one deserves comment. The court mistakenly included in its charge a reference to defendant’s attempt to induce his girlfriend, the chief prosecution witness, to leave the jurisdiction. Given the overwhelming evidence of defendant’s guilt, the minor error in the court’s charge was harmless (see, People v Crimmins, 36 NY2d 230, 242). (Appeal from judgment of Supreme Court, Erie County, Francis, J.— murder, second degree, and another offense.) Present—Dillon, P. J., Callahan, Doerr, Green and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of murder in the second degree and criminal possession of a weapon in the second degree, defendant raises several claims and only one deserves comment. The court mistakenly included in its charge a reference to defendant’s attempt to induce his girlfriend, the chief prosecution witness, to leave the jurisdiction. Given the overwhelming evidence of defendant’s guilt, the minor error in the court’s charge was harmless (see, People v Crimmins, 36 NY2d 230, 242). (Appeal from judgment of Supreme Court, Erie County, Francis, J.— murder, second degree, and another offense.) Present—Dillon, P. J., Callahan, Doerr, Green and Lawton, JJ.

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Bluebook (online)

129 A.D.2d 998, 514 N.Y.S.2d 311, 1987 N.Y. App. Div. LEXIS 45692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lowder-nyappdiv-1987.

Opinion

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