New York Court of Appeals, 1981

People v. Stahl

New York Court of Appeals · Decided June 11, 1981

53 N.Y.2d 1048; 425 N.E.2d 876; 442 N.Y.S.2d 488; 1981 N.Y. LEXIS 2568

Cases that cite this one

116 later published cases cite this decision. The 25 that cite it most often are listed here.

Brito v. Phillips (District Court, S.D. New York 2007)
Campbell v. Brunnelle (District Court, S.D. New York 1996)
People v. Brown (Appellate Division of the Supreme Court of New York 2014)
People v. Alfaro (Appellate Division of the Supreme Court of New York 1985)
People v. James (Appellate Division of the Supreme Court of New York 1985)
People v. Werkheiser (Appellate Division of the Supreme Court of New York 2019)
People v. Shoshi (Appellate Division of the Supreme Court of New York 2019)
People v. Terranova (Appellate Division of the Supreme Court of New York 2017)
People v. Hao Lin (Appellate Terms of the Supreme Court of New York 2017)
People v. Roberts (Appellate Division of the Supreme Court of New York 2016)
People v. Thompson (Appellate Division of the Supreme Court of New York 2014)
People v. Hao Lin (Appellate Terms of the Supreme Court of New York 2014)
People v. Johnson (Appellate Division of the Supreme Court of New York 2012)
People v. Morales (Appellate Division of the Supreme Court of New York 2011)
People v. Morales (Appellate Division of the Supreme Court of New York 2010)
People v. Mynin (Appellate Division of the Supreme Court of New York 2009)
People v. Lobban (Appellate Division of the Supreme Court of New York 2009)
People v. Rose (Appellate Division of the Supreme Court of New York 2009)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2009)
People v. Hawkins (N.Y. 2008)
People v. Rhodes (Appellate Division of the Supreme Court of New York 2008)
People v. Wallender (Appellate Division of the Supreme Court of New York 2006)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2004)
People v. Cannon (Appellate Division of the Supreme Court of New York 2003)
People v. Barron (Appellate Division of the Supreme Court of New York 2003)

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 of the Appellate Division should be affirmed.

There was sufficient evidence to sustain the jury verdict on both counts. The contention that the judgment of con*1050viction must be set aside for failure of proof that the conversation to which the evasive answer was addressed did in fact occur was not preserved for appellate review in consequence of the absence of specific reference to the asserted deficiency as a basis for the general motion for a trial order of dismissal (People v Cona, 49 NY2d 26, 33, n 2). Nor was any protest registered concerning the trial court’s omission to charge the jury with respect to the necessity for such proof. Indeed, this contention appears to have first been advanced on defendant’s behalf on the motion for reargument in the Appellate Division.

We cannot say that it was error to refuse the offer of proof made by defendant with respect to the testimony of the proposed judicial witness.

The contention that the verdicts of the jury were “repugnant” was not preserved for our review in consequence of the failure to register any protest concerning this issue prior to the discharge of the jury when the infirmity in the verdicts, if any, might have been remedied by resubmission to the jury for reconsideration of its verdicts (cf. People v Bruckman, 46 NY2d 1020).

We have examined appellant’s other contentions and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler concur; Judges Fuchsberg and Meyer taking no part.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.