People v. Robinson
| Decision Date | 10 July 1975 |
| Citation | 375 N.Y.S.2d 100,37 N.Y.2d 784 |
| Parties | , 337 N.E.2d 607 The PEOPLE of the State of New York, Respondent, v. Paul ROBINSON Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Motion for reargument denied.
Motion to amend the remittitur granted. Return of the remittitur requested and, when returned, it will be amended by adding thereto: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the defendant was denied Due Process of Law when the Trial Court charged the Jury with respect to an alleged affirmative defense. This Court held that there was no violation of defendant's constitutional rights.
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13 cases
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People v. Konigsberg
... ... Thomas, 50 N.Y.2d 467, 471, 429 N.Y.S.2d 584, 407 N.E.2d 430), no appeal lies. Nevertheless, we have exercised our discretion in the interest of justice (see, CPL 470.15[3][c]; People v. Robinson, 36 N.Y.2d 224, 228, 367 N.Y.S.2d 208, 326 N.E.2d 784, remittitur amended 37 N.Y.2d 784, 375 N.Y.S.2d 100, 337 N.E.2d 607) and reviewed the challenged instructions. In our view, County Court's recitation of the law on the corroboration of accomplice testimony was adequate for it accurately stated ... ...
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People v. Lantigua
... ... Ashwal, 39 N.Y.2d 105, 109-110, 383 N.Y.S.2d 204, 347 N.E.2d 564). The resulting prejudice cannot be said to have been harmless and, in the interest of justice, a new trial is warranted on this basis (CPL 470.15[1]; People v. Robinson, 36 N.Y.2d 224, 228-229, 367 N.Y.S.2d 208, 326 N.E.2d 784, reargument denied and opinion amended 37 N.Y.2d 784, 375 N.Y.S.2d 100, 337 N.E.2d 607) ... However, the distortion of the evidence during the summation is not the main issue on appeal. This matter is before the Court ... ...
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People v. Tinning
... ... Brooks, 105 A.D.2d 977, 979, 481 N.Y.S.2d 914). Moreover, were we to review the issue in the interest of justice (see, CPL 470.15 People v. Robinson, 36 N.Y.2d 224, 228-229, 367 N.Y.S.2d 208, 326 N.E.2d 784, amended 37 N.Y.2d 784, 375 N.Y.S.2d 100, 337 N.E.2d 607), we would hold that County Court's ruling was correct since evidence of the circumstances surrounding the deaths of Timothy and Nathan is probative on the issues of intent and absence ... ...
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People v. Colas
... ... defendant's right to a speedy trial (CPL 470.05[2], we reach the issue in the interest of justice and grant defendant leave to make a motion for dismissal of the indictment (CPL 470.15[1]; People v. Robinson, 36 N.Y.2d 224, 228-229, 367 N.Y.S.2d 208, 326 N.E.2d 784, reargument denied and opinion amended 37 N.Y.2d 784, 375 N.Y.S.2d 100, 337 N.E.2d 607) ... Accordingly, the judgment of the Supreme Court, New York County (Seymour Schwartz, J.), rendered January 10, 1985, which convicted ... ...
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