challenge to a jury instruction (New York) · Go Syfert
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challenge to a jury instruction in New York

9 New York opinions name it 1 courts 2008–2022 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
People v. Hillgreen
nyappdiv · 2008 · cited in 8 New York opinions naming this issue, 2013–2022
2 sentences

2022Nonetheless, "[i]n considering a challenge to a jury instruction, the crucial question is whether the charge, in its entirety, conveys an appropriate legal standard and does not engender any possible confusion" for the jury ( People v Hill , 52 AD3d 380, 382 [1st Dept 2008] [internal quotation marks omitted] [reversing conviction because of potentially confusing jury instructions that, inter alia, failed to distinguish between ordinary and deadly force on justification defense and duty to retreat]).

2022Nonetheless, "[i]n considering a challenge to a jury instruction, the crucial question is whether the charge, in its entirety, conveys an appropriate legal standard and does not engender any possible confusion" for the jury ( People v Hill , 52 AD3d 380, 382 [1st Dept 2008] [internal quotation marks omitted] [reversing conviction because of potentially confusing jury instructions that, inter alia, failed to distinguish between ordinary and deadly force on justification defense and duty to retreat]).

78
People v. Wisegreen
nyappdiv · 1994 · cited in 7 New York opinions naming this issue, 2008–2017
2 sentences

2017“In considering a challenge to a jury instruction, the ‘crucial question is whether the charge, in its entirety, conveys an appropriate legal standard and does not engender any possible confusion’ ” (People v Hill, 52 AD3d 380 , 382 [1st Dept 2008], quoting People v Wise, 204 AD2d 133, 135 [1st Dept 1994], lv denied 83 NY2d 973 [1994]; see also People v Medina, 18 NY3d 98, 104 [2011] [“In evaluating a challenged jury instruction, we view the charge as a whole in order to determine whether a claimed deficiency in the jury charge requires reversal”]).

2016“In considering a challenge to a jury instruction, the ‘crucial question is whether the charge, in its entirety, conveys an appropriate legal standard and does not engender any possible confusion’ ” (People v Hill, 52 AD3d 380 , 382 [1st Dept 2008], quoting People v Wise, 204 AD2d 133, 135 [1st Dept 1994], lv denied 83 NY2d 973 [1994]).

77
People v. Medinagreen
ny · 2011 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017“In considering a challenge to a jury instruction, the ‘crucial question is whether the charge, in its entirety, conveys an appropriate legal standard and does not engender any possible confusion’ ” (People v Hill, 52 AD3d 380 , 382 [1st Dept 2008], quoting People v Wise, 204 AD2d 133, 135 [1st Dept 1994], lv denied 83 NY2d 973 [1994]; see also People v Medina, 18 NY3d 98, 104 [2011] [“In evaluating a challenged jury instruction, we view the charge as a whole in order to determine whether a claimed deficiency in the jury charge requires reversal”]).

11
People v. Almodovargreen
ny · 1984 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Further, a trial court “must respond meaningfully” to inquiries from a deliberating jury (People v Almodovar, 62 NY2d 126, 131 [1984]).

11
People v. Apontegreen
ny · 2004 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Although a trial judge is not obligated to use the standard jury instructions, this Court has stated “each time a judge declines to employ the carefully thought-out measured tone of the standard jury charge in favor of improvised language, an additional risk of reversal and a new trial is created” (People v Fong, 16 AD3d 179, 180 [2005], lv denied 4 NY3d 886 [2005]; see also People v Aponte, 2 NY3d 304, 307 [2004]).

11
People v. Fonggreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Although a trial judge is not obligated to use the standard jury instructions, this Court has stated “each time a judge declines to employ the carefully thought-out measured tone of the standard jury charge in favor of improvised language, an additional risk of reversal and a new trial is created” (People v Fong, 16 AD3d 179, 180 [2005], lv denied 4 NY3d 886 [2005]; see also People v Aponte, 2 NY3d 304, 307 [2004]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
People v. Rogers green
nyappdiv · 1991
2 sentences

2016Where the court’s charge creates undue confusion in the minds of the jurors, reversal is warranted (Hill, 52 AD3d at 382; People v Rogers, 166 AD2d 23 [1st Dept 1991], lv denied 78 NY2d 1129 [1991]).

2016Where the court’s charge creates undue confusion in the minds of the jurors, reversal is warranted (Hill, 52 AD3d at 382; People v Rogers, 166 AD2d 23 [1st Dept 1991], lv denied 78 NY2d 1129 [1991]).

52013–2016
People v. Fields green
ny · 2005
1 sentence

2008Although a trial judge is not obligated to use the standard jury instructions, this Court has stated “each time a judge declines to employ the carefully thought-out measured tone of the standard jury charge in favor of improvised language, an additional risk of reversal and a new trial is created” (People v Fong, 16 AD3d 179, 180 [2005], lv denied 4 NY3d 886 [2005]; see also People v Aponte, 2 NY3d 304, 307 [2004]).

12008–2008

Statutes the citing opinions construe

NY § N.Y. Penal Law § 35.15 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 65 (1999–2026) IN 47 (2001–2023) MS 46 (1997–2026) WA 24 (2000–2024) CT 23 (1989–2025) CA 13 (1997–2020) UT 9 (1993–2025) NY 9 (2008–2022) ME 6 (1993–2014) NM 5 (1993–2025) DC 5 (2007–2011) MD 4 (1996–2016) ID 4 (1995–2020) IA 4 (2000–2015) MI 4 (2016–2026) FL 3 (2003–2017) OH 3 (2023–2024) IL 3 (2015–2021) KS 2 (2013–2021) NH 2 (2001–2018) NV 2 (2022–2022) ND 2 (1992–1998) NC 2 (2009–2024) VA 2 (2018–2026) TN 2 (1998–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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