People v. Lewis
Cases that cite this one
24 later published cases cite this decision.
- People v. Jagdharry (Appellate Division of the Supreme Court of New York 2014)
- People v. Jagdharry (Appellate Division of the Supreme Court of New York 2014)
- People v. Flynn (N.Y. 1992)
- People v. McGrew (Appellate Division of the Supreme Court of New York 1989)
- People v. Casiano (Appellate Division of the Supreme Court of New York 1986)
- People v. Rowland (Appellate Division of the Supreme Court of New York 2005)
- Whitten v. Martinez (Appellate Division of the Supreme Court of New York 2005)
- People v. Baker (Appellate Division of the Supreme Court of New York 2002)
- People v. Milhouse (Appellate Division of the Supreme Court of New York 1998)
- People v. Gordon (Appellate Division of the Supreme Court of New York 1997)
- People v. Stone (Appellate Division of the Supreme Court of New York 1996)
- People v. Pierre (New York Supreme Court 1996)
- People v. Jamison (Rochester City Court 1996)
- People v. Williams (N.Y. 1993)
- People v. Williams (Appellate Division of the Supreme Court of New York 1993)
- People v. Wilcox (Appellate Division of the Supreme Court of New York 1993)
- People v. Jackson (N.Y. 1991)
- People v. Watkins (Appellate Division of the Supreme Court of New York 1990)
- People v. Luperena (Appellate Division of the Supreme Court of New York 1990)
- People v. Flynn (Appellate Division of the Supreme Court of New York 1990)
- People v. Harrison (Appellate Division of the Supreme Court of New York 1989)
- People v. Rosevink (Appellate Division of the Supreme Court of New York 1988)
- People v. Miller (Appellate Division of the Supreme Court of New York 1986)
- People v. Williams (N.Y. 1985)
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 Term should be reversed and a new trial ordered.
The trial court, in its instructions, improperly removed from the jury’s consideration all of the elements of the crimes charged except for that of identification. This error, preserved for our review by defense counsel’s timely objection, his request for curative instructions and a motion made for a mistrial, deprived defendant of a fair trial, for “[n]o matter how conclusive the evidence * * * each of the * * * fundamental facts was for the jury to pass upon” (People v Walker, 198 NY 329,334; see also, People v Steele, 26 NY2d 526, 529). Although the admission by a defendant or his counsel of the existence of any of the elements of the crimes with which he was charged may have excused a court’s removal of these elements from the jury’s consideration (see, People v Walker, supra, p 335; People v Brady, 16 NY2d 186, 189-190) there was no such admission during the trial of this case.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.