People v. Newton
| Decision Date | 08 February 1979 |
| Citation | 414 N.Y.S.2d 680,46 N.Y.2d 877 |
| Parties | , 387 N.E.2d 612 The PEOPLE of the State of New York, Respondent, v. Ronald NEWTON, also known as Ronald Johnson, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
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 N.Y.2d 126, 412 N.Y.S.2d 860, 385 N.E.2d 598) 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 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413).
Order affirmed in a memorandum.
To continue reading
Request your trial
-
Brown v. Greene
...beyond a reasonable doubt that one or both [sic] guilt has been proven beyond a reasonable doubt." See People v. Newton, 46 N.Y.2d 877, 879, 414 N.Y.S.2d 680, 387 N.E.2d 612, 613 (1979) (mem.) (explaining that an instruction that the prosecution bears the burden of proving "a defendant's gu......
-
People v. Holmes
...873, 638 N.Y.S.2d 938, 662 N.E.2d 256 ; People v. Perez, 77 N.Y.2d 928, 569 N.Y.S.2d 600, 572 N.E.2d 41 ; People v. Newton, 46 N.Y.2d 877, 414 N.Y.S.2d 680, 387 N.E.2d 612 ; People v. Campbell, 142 A.D.3d at 624, 36 N.Y.S.3d 503 ). "Moreover, when evaluated against the background of all the......
-
People v. Knight
...standard applied to identification (see, People v. Perez, 77 N.Y.2d 928, 569 N.Y.S.2d 600, 572 N.E.2d 41; People v. Newton, 46 N.Y.2d 877, 879, 414 N.Y.S.2d 680, 387 N.E.2d 612). Moreover, when evaluated against the background of all the evidence presented, there is little possibility that ......
-
People v. Argueta
...N.Y.2d 920, 923–924, 440 N.Y.S.2d 923, 423 N.E.2d 400 ; People v. Newton, 61 A.D.2d 1051, 1052, 403 N.Y.S.2d 277, affd 46 N.Y.2d 877, 414 N.Y.S.2d 680, 387 N.E.2d 612 ; People v. Molineaux, 156 A.D.3d 1250, 1253–1254, 68 N.Y.S.3d 558 ; see also People v. Williams, 162 A.D.3d 694, 697–698, 7......