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People v. Wright

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 26, 1982
86 A.D.2d 968 (N.Y. App. Div. 1982)

Opinion

February 26, 1982

Appeal from the Monroe County Court, Barr, J.

Present — Dillon, P.J., Hancock, Jr., Callahan, Doerr and Boomer, JJ.


Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: It was reversible error for the court, in the absence of independent proof of fabrication, to instruct the jury that it could consider as some evidence of guilt a possible false alibi ( People v. Russell, 266 N.Y. 147; People v Abdul-Malik, 61 A.D.2d 657, 661; People v. Cright, 47 A.D.2d 906; People v. Leasure, 34 A.D.2d 688; Richardson, Evidence [10th ed], § 167). Since a new trial is required, we note that the instruction that a person intends the natural and probable consequences of his act, although not objected to, was erroneous ( Sandstrom v. Montana, 442 U.S. 510). On the new trial, the District Attorney, before cross-examining the alibi witness concerning her failure to come forward to authorities, should lay the foundation set forth in People v. Dawson ( 50 N.Y.2d 311). We have considered the other points raised by defendant, including his claim that the identification testimony should have been suppressed, and find them to be without merit.


Summaries of

People v. Wright

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 26, 1982
86 A.D.2d 968 (N.Y. App. Div. 1982)
Case details for

People v. Wright

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WRIGHT, Appellant

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

Date published: Feb 26, 1982

Citations

86 A.D.2d 968 (N.Y. App. Div. 1982)

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