People v. Phillips

Decision Date28 May 1976
Citation39 N.Y.2d 949,386 N.Y.S.2d 1039
Parties, 352 N.E.2d 894 People v. Phillips
CourtNew York Court of Appeals Court of Appeals

Breitel, Ch. J.

App.Div. 1, New York 4/26/76

Denied.

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17 cases
  • Smith v. Phillips, 80-1082
    • United States
    • U.S. Supreme Court
    • January 25, 1982
    ... ... 2 The hearing was held before the justice who presided at respondent's trial, and the motion to vacate was denied by him in an opinion concluding "beyond a reasonable doubt" that the events giving rise to the motion did not influence the verdict. People v. Phillips , 87 Misc.2d 613, 614, 630, 384 N.Y.S.2d 906, 907-908, 918 (1975). The Appellate Division of the Supreme Court, First Judicial Department, affirmed the conviction without opinion. 52 A.D.2d 758, 384 N.Y.S.2d 715 (1976). The New York Court of Appeals denied leave to appeal. 39 N.Y.2d ... ...
  • People v. Horney
    • United States
    • New York Supreme Court
    • April 19, 1984
    ... ... Barry HORNEY, Defendant ... Supreme Court, Trial Term, ... New York County, Part 31 ... April 19, 1984 ...         Robert Morgenthau, Dist. Atty., New York County, New York City (Beth Jacob, Asst. Dist. Atty., New York City, of counsel), for the People ...         Phillips, Nizer, Benjamin, Krim & Ballon, New York City (William F. Reilly, Alan Mansfield, New York City, of counsel), for defendant ...         FREDERIC S. BERMAN, Justice: ...         The defendant, Barry Horney, a New York City transit police officer, was convicted, after a jury trial, ... ...
  • People v. Rukaj
    • United States
    • New York Supreme Court — Appellate Division
    • September 25, 1986
    ... ... (Id.) When these outside influences impair the impartial assessment of the facts by the jury, and thus constrain defendant's fundamental right to a fair trial, reversal is warranted. (People v. Phillips, 87 Misc.2d 613, 384 N.Y.S.2d 906, aff'd. 52 A.D.2d 758, 384 N.Y.S.2d 715, lv. app. denied 39 ... Page 680 ... N.Y.2d 949, 386 N.Y.S.2d 1039, 352 N.E.2d 894.) ...         Accordingly, when the spectre of an outside influence of the jury affecting defendant's fundamental right to a ... ...
  • Phillips v. Smith
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 2, 1983
    ...Phillips, 52 A.D.2d 758, 384 N.Y.S.2d 715 (1976), and leave to appeal to the Court of Appeals was denied, People v. Phillips, 39 N.Y.2d 949, 386 N.Y.S.2d 1039, 352 N.E.2d 894 (1976). Two years later, in 1978, Phillips moved in state court pursuant to N.Y.Crim.Proc.Law Sec. 440.10 (McKinney ......
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