From Casetext: Smarter Legal Research

People v. Antommarchi

Appellate Division of the Supreme Court of New York, First Department
Sep 5, 1991
176 A.D.2d 104 (N.Y. App. Div. 1991)

Opinion

September 5, 1991

Appeal from the Supreme Court, New York County (Richard Failla, J.).


Neither reference as a "reasonable person" (see, People v Flecha, 161 A.D.2d 116, lv denied 76 N.Y.2d 856) nor the instruction that a reasonable doubt is "a doubt for which a juror can give a reason if he or she is called upon to do so in the jury room", was reversible error. (See, People v. Jackson, 155 A.D.2d 329, affd 76 N.Y.2d 908.) Defendant's claim that the Allen charge was unbalanced because it unfairly singled out those jurors who were then holding a doubt as to guilt, is unpreserved.

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Ross and Smith, JJ.


Summaries of

People v. Antommarchi

Appellate Division of the Supreme Court of New York, First Department
Sep 5, 1991
176 A.D.2d 104 (N.Y. App. Div. 1991)
Case details for

People v. Antommarchi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINGO ANTOMMARCHI…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 5, 1991

Citations

176 A.D.2d 104 (N.Y. App. Div. 1991)
573 N.Y.S.2d 285

Citing Cases

People v. McKinnie

The claimed errors in the court's charge are unpreserved (CPL 470.05), and, in any event, without merit. The…

People v. Allan

Here, unlike Stinson (supra), where the issue was preserved by proper objection and where the Court found…