People v. Valentine

Appellate Division of the Supreme Court of New York

People v. Valentine

45 A.D.2d 1043, 358 N.Y.S.2d 175, 1974 N.Y. App. Div. LEXIS 4308

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

DecidedJuly 29, 1974

StatusPublished

Cited by2 cases

This text of 45 A.D.2d 1043 (People v. Valentine) 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. Valentine, 45 A.D.2d 1043, 358 N.Y.S.2d 175, 1974 N.Y. App. Div. LEXIS 4308 (N.Y. Ct. App. 1974).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 2, 1971, convicting him, after trial, of felony murder and imposing sentence. Judgment reversed, on the law, and a new trial ordered. It was error for the court to have permitted trial counsel to absent himself during the charge to the jury. The defendant was harmed by the failure of counsel’s substitute to request a charge, recognizing the ambiguity of evidence of flight and instructing the jury as to its weakness as an indication of guilt (People v. Yazum, 13 N Y 2d 302, 304). In addition, the granting of a new trial to a codefendant herein (People v. Sepulveda, 44 A D 2d 846) warrants a reversal as to the instant defendant. Gulotta, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 2, 1971, convicting him, after trial, of felony murder and imposing sentence. Judgment reversed, on the law, and a new trial ordered. It was error for the court to have permitted trial counsel to absent himself during the charge to the jury. The defendant was harmed by the failure of counsel’s substitute to request a charge, recognizing the ambiguity of evidence of flight and instructing the jury as to its weakness as an indication of guilt (People v. Yazum, 13 N Y 2d 302, 304). In addition, the granting of a new trial to a codefendant herein (People v. Sepulveda, 44 A D 2d 846) warrants a reversal as to the instant defendant. Gulotta, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

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Bluebook (online)

45 A.D.2d 1043, 358 N.Y.S.2d 175, 1974 N.Y. App. Div. LEXIS 4308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valentine-nyappdiv-1974.

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