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People v. Overton

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1982
90 A.D.2d 855 (N.Y. App. Div. 1982)

Opinion

November 29, 1982


Appeal by defendant from a judgment of the Supreme Court, Kings County (Lentol, J.), rendered February 13, 1981, convicting him of sexual abuse in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. Criminal Term committed a number of errors in charging the jury which resulted in the jury being confused and prevented it from adequately applying the correct principles of law to the facts before it. Consequently, we are compelled to conclude that under the circumstances, the convictions must be overturned and a new trial ordered (see People v. O'Brien, 88 A.D.2d 1001; People v. Wimms, 80 A.D.2d 837). O'Connor, J.P., Bracken, Brown and Niehoff, JJ., concur.


Summaries of

People v. Overton

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1982
90 A.D.2d 855 (N.Y. App. Div. 1982)
Case details for

People v. Overton

Case Details

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

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

Date published: Nov 29, 1982

Citations

90 A.D.2d 855 (N.Y. App. Div. 1982)