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People v. Payne

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1993
192 A.D.2d 1117 (N.Y. App. Div. 1993)

Opinion

April 14, 1993

Appeal from the Niagara County Court, Hannigan, J.

Present — Callahan, J.P., Pine, Fallon, Doerr and Boehm, JJ.


Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: Defendant and a codefendant Vernon Frank were jointly charged with rape in the first degree (Penal Law § 130.35; § 20.00), robbery in the second degree (Penal Law § 160.10; § 20.00) and grand larceny in the fourth degree (Penal Law § 155.30; § 20.00). The charges arose out of the forcible rape and robbery of a woman on June 23, 1990 in the City of Niagara Falls. Defendant was convicted, following a jury trial, of rape and robbery. Vernon Frank, who was tried separately, was similarly convicted. In October 1992, this Court unanimously reversed Frank's conviction as a matter of discretion in the interest of justice and granted him a new trial because of County Court's erroneous instructions to the jury on reasonable doubt (People v Frank, 160 A.D.2d 977). Our decision in Frank is dispositive of this appeal because County Court used the same erroneous instructions on reasonable doubt. As a result, defendant was deprived of a fair trial (People v Frank, supra).


Summaries of

People v. Payne

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1993
192 A.D.2d 1117 (N.Y. App. Div. 1993)
Case details for

People v. Payne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE PAYNE, Appellant

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

Date published: Apr 14, 1993

Citations

192 A.D.2d 1117 (N.Y. App. Div. 1993)
596 N.Y.S.2d 282

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