People v. Harper
Cases that cite this one
44 later published cases cite this decision. The 25 that cite it most often are listed here.
- Ballard Ex Rel. Mount Olive Correctional Center v. Meckling (W. Va. 2015)
- People v. Farless (Appellate Division of the Supreme Court of New York 1997)
- People v. Walker (Appellate Division of the Supreme Court of New York 1988)
- People v. Williams (Appellate Division of the Supreme Court of New York 2025)
- People v. Laws (Appellate Division of the Supreme Court of New York 2025)
- People v. Laws (Appellate Division of the Supreme Court of New York 2025)
- Benton v. McCarthy (District Court, N.D. New York 2023)
- People v. Walker (Appellate Division of the Supreme Court of New York 2018)
- The People v. Rafael Then (N.Y. 2017)
- People v. McCollough (Appellate Division of the Supreme Court of New York 2016)
- People v. Qureshi (Appellate Terms of the Supreme Court of New York 2014)
- GOOSSENS, CARL, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Goossens (Appellate Division of the Supreme Court of New York 2012)
- People v. Clyde (N.Y. 2011)
- People v. Dail (Appellate Division of the Supreme Court of New York 2010)
- People v. Clyde (Appellate Division of the Supreme Court of New York 2010)
- People v. Brunson (Appellate Division of the Supreme Court of New York 2009)
- People v. Coston (Appellate Division of the Supreme Court of New York 2007)
- People v. Adams (Appellate Division of the Supreme Court of New York 2004)
- People v. Montgomery (Appellate Division of the Supreme Court of New York 2003)
- People v. Russ (Appellate Division of the Supreme Court of New York 2002)
- People v. Burton (Appellate Division of the Supreme Court of New York 2000)
- People v. Dugan (Appellate Division of the Supreme Court of New York 1997)
- People v. Gomez (Appellate Division of the Supreme Court of New York 1996)
- People v. Fioravantes (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order appealed from should be affirmed. We find no *858 merit to defendant’s contention that he was denied due process of law when the trial court denied his motion for a mistrial made upon the ground that he had been unduly prejudiced when two jurors inadvertently viewed him in handcuffs while returning from lunch recess. The brief and, without question, inadvertent viewing of defendant by these jurors was, by itself, insufficient to deny defendant a fair trial (compare Dupont v Hall, 555 F2d 15, with People v Roman, 35 NY2d 978). Furthermore, defense counsel declined an express invitation by the Trial Judge to deliver a curative instruction, and did not request the substitution of alternate jurors or an examination into the effect of the encounter.
We also reject defendant’s claim that his conviction of the fifth count of the indictment, accusing him of burglary in the first degree, cannot be sustained because the People failed to prove beyond a reasonable doubt that defendant and his accomplices caused physical injury to their victim while "effecting entry” into his dwelling (see Penal Law, § 140.30, subd 2). Our examination of the trial record persuades us that the People did indeed meet their burden of proof on this point.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.