New York Court of Appeals, 1979

People v. Newton

New York Court of Appeals · Decided February 8, 1979

46 N.Y.2d 877; 387 N.E.2d 612; 414 N.Y.S.2d 680; 1979 N.Y. LEXIS 1828

Cases that cite this one

12 later published cases cite this decision.

People v. Knight (N.Y. 1995)
Brown v. Greene (2d Cir. 2009)
Brown v. Greene (2d Cir. 2009)
People v. Argueta (Appellate Division of the Supreme Court of New York 2021)
People v. Holmes (Appellate Division of the Supreme Court of New York 2018)
People v. Campbell (Appellate Division of the Supreme Court of New York 2016)
People v. Campbell (Appellate Division of the Supreme Court of New York 2016)
People v. Robinson (Westchester County Court 2011)
In re Isaiah Mc. (Appellate Division of the Supreme Court of New York 2009)
People v. Ansare (Appellate Division of the Supreme Court of New York 1983)
People v. Green (N.Y. 1982)
People v. Strawder (Appellate Division of the Supreme Court of New York 1980)

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 of the Court

OPINION OF THE COURT

Memorandum.

The order should be affirmed for the reasons stated in the Appellate Division memorandum.

We would add that after the court properly instructed the jury that each of the substantive elements of the crimes charged must be proven beyond a reasonable doubt (People v Newman, 46 NY2d 126) and that the jury must pass on the issue of identification, defense counsel requested that the court charge: "Identification of the defendant as the perpetrator is one of the elements which must be proven beyond a reasonable doubt.” Although the court rejected this request, it had previously instructed the jury that "before you can convict a defendant you must be convinced of his guilt beyond a reasonable doubt.” This charge adequately apprised the jury that the reasonable doubt standard attached to the element of identification.

Finally we note that the trial court did not abuse its discretion as a matter of law in denying defendant’s motion to bar cross-examination regarding his prior convictions (People v Sandoval, 34 NY2d 371).

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.