People v. Lewis
| Decision Date | 04 April 1985 |
| Citation | 478 N.E.2d 198,64 N.Y.2d 1031,489 N.Y.S.2d 57 |
| Parties | , 478 N.E.2d 198 The PEOPLE of the State of New York, Respondent, v. Kenneth LEWIS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
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 "matter how conclusive the evidence * * * each of the * * * fundamental facts was for the jury to pass upon" (People v. Walker, 198 N.Y. 329, 334, 91 N.E. 806; see also, People v. Steele, 26 N.Y.2d 526, 529, 311 N.Y.S.2d 889, 260 N.E.2d 527). 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, 198 N.Y. p. 335, 91 N.E. 806; People v. Brady, 16 N.Y.2d 186, 189-190, 264 N.Y.S.2d 361, 211 N.E.2d 815) there was no such admission during the trial of this case.
Order reversed, etc.
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...consideration of the crime elements are deemed prejudicial " '[n]o matter how conclusive the evidence' " (People v. Lewis, 64 N.Y.2d 1031, 1032, 489 N.Y.S.2d 57, 478 N.E.2d 198, quoting People v. Walker, 198 N.Y. 329, 334, 91 N.E. 806). Similarly, errors affecting the jury's deliberative pr......
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...to stipulate (see People v. Pelose, 116 Misc.2d 788, 456 N.Y.S.2d 619). In contrast, the Court of Appeals in People v. Lewis, 64 N.Y.2d 1031, 1032, 489 N.Y.S.2d 57, 478 N.E.2d 198, and People v. Flynn, 79 N.Y.2d 879, 881, 581 N.Y.S.2d 160, 589 N.E.2d 383, implied that with the consent of a ......
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...County Court should have charged the jury with the legal principles pertinent to that issue (see, CPL 300.10[2]; People v. Lewis, 64 N.Y.2d 1031, 489 N.Y.S.2d 57, 478 N.E.2d 198). Contrary to the People's position, County Court did not adequately address this issue elsewhere in its charge a......
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