[Download] "People State New York v. Pedro Hernandez" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Pedro Hernandez
- Author : Court of Appeals of New York
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
It was error for the Trial Judge to refuse to charge as requested by defendants attorney that there was no evidence that an accomplice had participated in any of the crimes charged and to answer affirmatively the jurys question whether if an accomplice to a burglary breaks a window to effect entry all participants in the burglary are guilty of criminal mischief (People v Montgomery, 176 NY 219, 230, 232; see People v Stevenson, 31 N.Y.2d 108). That the jury had posed an earlier inquiry in words including the phrase "based on the evidence" is irrelevant, there being no evidence upon which they could find that there was an accomplice. Likewise irrelevant is the fact that the question affirmatively answered by the Trial Judge ultimately addressed only the criminal mischief count, for it was predicated on their being "an accomplice to a burglary " (emphasis supplied) and was preceded by a broader inquiry concerning accomplices generally which the Trial Judge had declined to answer.