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People v. Williams

Court of Appeals of the State of New York
Nov 12, 1985
488 N.E.2d 832 (N.Y. 1985)

Opinion

Argued October 7, 1985

Decided November 12, 1985

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Eugene W. Bergin, J.

Edward J. Nowak, Public Defender (Susan K. Cable of counsel), for appellant.

Howard R. Relin, District Attorney (Michael J. Nelson of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was charged with robbery of a parking lot attendant. The prosecution's case against defendant was premised, in part, upon circumstantial evidence. The trial court, in its charge to the jury concerning circumstantial evidence, stated: "In this case the prosecution suggests there is direct evidence that Jerome Williams was on Mt. Hope Avenue. He was allegedly seen there and identified by certain police officers. The direct evidence must be sufficient to give rise to an inference logical, clear and strong. Again I suggest to you the logical and clear and strong inference which can be drawn from this is that Mr. Williams was fleeing from the robbery that allegedly occurred a short time ago". This charge, properly preserved for our review by timely objection and recognized as erroneous in both the majority and dissenting opinions below, impermissibly suggested that a "strong inference" could be drawn that defendant was fleeing from the robbery. This suggestion, which essentially equated defendant's flight with guilt as to the crimes charged, supplanted the fact-finding function of the jury, and under the circumstances of this case, constitutes reversible error. (People v Lewis, 64 N.Y.2d 1031, 1032.)

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE concur in memorandum; Judge SIMONS taking no part.

Order reversed, etc.


Summaries of

People v. Williams

Court of Appeals of the State of New York
Nov 12, 1985
488 N.E.2d 832 (N.Y. 1985)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME WILLIAMS…

Court:Court of Appeals of the State of New York

Date published: Nov 12, 1985

Citations

488 N.E.2d 832 (N.Y. 1985)
488 N.E.2d 832
497 N.Y.S.2d 902

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