People v. Blodgett
| Decision Date | 11 May 1990 |
| Citation | 76 N.Y.2d 731,558 N.Y.S.2d 892 |
| Parties | , 557 N.E.2d 1188 People v. Blodgett (Larry Scott) |
| Court | New York Court of Appeals Court of Appeals |
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5 cases
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People v. Vangorden
... ... Blodgett, 160 A.D.2d 1105, 1106, 553 N.Y.S.2d 897, lv. 46 N.Y.S.3d 734denied 76 N.Y.2d 731, 558 N.Y.S.2d 892, 557 N.E.2d 1188 ), and there was no evidence at trial bearing on his age (cf. People v. Kessler, 122 A.D.3d 1402, 1403, 996 N.Y.S.2d 836, lv. denied 25 N.Y.3d 990, 10 N.Y.S.3d 533, 32 N.E.3d 970 ; ... ...
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People v. Castro
... ... Contrary to the People's contention, the jury's opportunity to observe defendant's appearance during trial does not, by itself, satisfy the People's obligation to prove defendant's age (see, People v Perryman, 178 A.D.2d 916, 918, lv denied 79 N.Y.2d 1005; People v Blodgett, 160 A.D.2d 1105, 1106, lv denied 76 N.Y.2d 731). The jury is entitled to draw an inference from the appearance of an individual, provided that there is some competent proof of his or her age (see, People v Perryman, supra, at 918; People v Patterson, 149 A.D.2d 966, lv denied 74 N.Y.2d 745; see ... ...
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People v. Perryman
... ... Although the People may not satisfy their burden of establishing that defendant was 21 years of age or older solely by the jury's observation of defendant (see, People v. Blodgett, 160 A.D.2d 1105, 553 N.Y.S.2d 897, lv. denied 76 N.Y.2d 731, 558 N.Y.S.2d 892, 557 N.E.2d 1188), this element may be satisfied where there is some other evidence, beyond the fact-finders' observations of defendant, to establish defendant's age (see, People v. Patterson, 149 A.D.2d 966, 540 ... ...
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People v. Rosio
... ... Blodgett, 160 A.D.2d 1105, 1106, 553 N.Y.S.2d 897, lv. denied 76 N.Y.2d 731, 558 N.Y.S.2d 892, 557 N.E.2d 1188), the element may be satisfied where there is some other evidence, beyond the factfinders' observations of defendant, to establish his age (see, People v. Perryman, 178 A.D.2d 916, 917-918, 578 ... ...
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