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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
May 2, 1995
215 A.D.2d 102 (N.Y. App. Div. 1995)

Opinion

May 2, 1995

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


The trial court properly refused defendant's request to charge the jury "not to look out the windows of the jury room" with the binoculars through which a police officer had observed defendant from a roof top vantage point selling narcotics, or to otherwise experiment with the binoculars in an attempt to replicate the officer's observations. Any conceivable use of the binoculars by the jury could have amounted to "no more than the application of every day perceptions and common sense to the issues presented in the trial" (People v Brown, 48 N.Y.2d 388, 393).

Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
May 2, 1995
215 A.D.2d 102 (N.Y. App. Div. 1995)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RIVERA, Appellant

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

Date published: May 2, 1995

Citations

215 A.D.2d 102 (N.Y. App. Div. 1995)
626 N.Y.S.2d 93

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