People v. Vizcaino

Appellate Division of the Supreme Court of New York

People v. Vizcaino

71 A.D.2d 934, 419 N.Y.S.2d 715, 1979 N.Y. App. Div. LEXIS 13186

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

DecidedAugust 20, 1979

StatusPublished

Cited by1 cases

This text of 71 A.D.2d 934 (People v. Vizcaino) 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. Vizcaino, 71 A.D.2d 934, 419 N.Y.S.2d 715, 1979 N.Y. App. Div. LEXIS 13186 (N.Y. Ct. App. 1979).

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Opinion

—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 6, 1978, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest [935]*935of justice, and new trial ordered. The trial court charged the jury, in part, that "After listening to all of the testimony are you convinced beyond a reasonable doubt that this defendant is an innocent man. If he is, walk him right out that door, find him not guilty.” While curative instructions were given subsequently, they did not overcome the prejudice resulting from this statement. Moreover, the charge was laced with comments which tended to convey to the jury that the trial court did not believe the defendant’s version of the occurrence. In our opinion, defendant was deprived of a fair trial. Mollen, P. J., Hopkins, Damiani, Titone and Shapiro, JJ., concur.

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—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 6, 1978, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest [935]*935of justice, and new trial ordered. The trial court charged the jury, in part, that "After listening to all of the testimony are you convinced beyond a reasonable doubt that this defendant is an innocent man. If he is, walk him right out that door, find him not guilty.” While curative instructions were given subsequently, they did not overcome the prejudice resulting from this statement. Moreover, the charge was laced with comments which tended to convey to the jury that the trial court did not believe the defendant’s version of the occurrence. In our opinion, defendant was deprived of a fair trial. Mollen, P. J., Hopkins, Damiani, Titone and Shapiro, JJ., concur.

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Bluebook (online)

71 A.D.2d 934, 419 N.Y.S.2d 715, 1979 N.Y. App. Div. LEXIS 13186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vizcaino-nyappdiv-1979.

Opinion

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