State v. Golding, 567 A.2d 823 (Conn. 1989). · Go Syfert
State v. Golding, 567 A.2d 823 (Conn. 1989). Cases Citing This Book View Copy Cite
7,174 citation events (5,270 in the last 25 years) across 8 distinct courts.
Strongest positive: Perez v. Dilworth (ctd, 2021-02-23) · Strongest negative: People v. Beauvais (coloctapp, 2014-10-23)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" People v. Beauvais (2×)
Colo. Ct. App. · 2014 · signal: but see · confidence high
See Smith v. State, 363 Ark. 456 , 215 S.W.3d 626, 627 (2005); Marks v. State, 280 Ga. 70 , 623 S.E.2d 504, 509 (2005); State v. Schleicher, 672 N.W.2d 550, 555 (Minn. 2003); State v. Newlon, 216 S.W.3d 180, 184 (Mo.Ct.App.2007); People v. Snyder, 91 A.D.3d 1206 , 937 N.Y.S.2d 429 , 432 n. 2 (2012); State v. Lloyd, 354 N.C., 76 , 552 S.E.2d 596, 607 (2001); Commonwealth v. Pestinikas, 421 Pa.Super. 371 , 617 A.2d 1339 , 1345 n. 3 (1992); but see, e.g., State v. Golding, 213 Conn. 233 , 567 A.2d 823, 827-28 (1989) (court sets out circumstances in which it will review unpreserved constitutional …
discussed Cited as authority (rule) Perez v. Dilworth
D. Conn. · 2021 · confidence medium
The Connecticut Appellate Court declined to review this claim on the ground that Perez had not requested review of it under either the plain error doctrine or under State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823, 827-28 (1989).
discussed Cited as authority (rule) Schiavo v. Erfe
D. Conn. · 2020 · confidence medium
Because Mr. Schiavo had not preserved that claim at trial, he appealed the claim as stating one of constitutional error, which the Appellate Court reviewed under State v. Golding, 213 Conn. 233, 239-40 (1989).6 Schiavo, 93 Conn. App. at 295-96 . 6 Under Golding, “a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation . . .…
discussed Cited as authority (rule) State v. Simmons
Conn. App. Ct. · 2019 · confidence medium
If the defendant establishes a violation of a constitutional right, then the state is obligated to demonstrate, pursuant to the fourth prong of Golding , "harmlessness of the ... constitutional violation beyond a reasonable doubt."Id., at 240, 567 A.2d 823 .
discussed Cited as authority (rule) State v. Camera
Conn. App. Ct. · 2004 · confidence medium
The defendant seeks review under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 7 (1989), because he did not object to the prosecutor’s remarks on the grounds now alleged. 8 We decline to review the claim because we conclude that it fails the second prong of Golding .
discussed Cited as authority (rule) State v. Bridges
Conn. App. Ct. · 2001 · confidence medium
Although the defendant concedes that he did not raise his constitutional claim at trial, he maintains that it is reviewable pursuant to State v. Golding, 213 Conn 233, 239-40, 567 A.2d 823 (1989). 4 We conclude that the defendant’s claim is not reviewable under Golding because it is not of constitutional magnitude, and, therefore, it fails to satisfy the second prong of Golding .
cited Cited as authority (rule) State v. Rodriguez
Conn. App. Ct. · 2000 · confidence medium
In his principal brief, the defendant does not seek review of his unpreserved evidentiary claim under State v. Golding, 213 Conn 233, 239-40, 567 A.2d 823 (1989), or the plain error doctrine.
discussed Cited as authority (rule) Ward v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
In State v. Golding, 213 Conn. 233 , 567 A.2d 823, 827 (1989), the court held: [W]e hold that a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged…
discussed Cited as authority (rule) State v. Portee
Conn. App. Ct. · 1999 · confidence medium
Although the defendant did not raise this argument to the trial court, he seeks review of 1lus claim under State v. Golding, 213 Conn 233, 239-40, 507 A.2d 823 (1989), and the plain error doctrine, Practice Book § 60-5, formerly § 4061.
cited Cited as authority (rule) State v. Collic
Conn. App. Ct. · 1999 · confidence medium
The defendant also did not request review under State v. Golding, 213 Conn. 233, 239-40, 5 ( 57 A.2d 823 (1989).
discussed Cited as authority (rule) State v. Youdin
Conn. App. Ct. · 1995 · confidence medium
Practice Book § 4061; 8 deFur v. deFur, 37 Conn. App. 450, 451-52 , 656 A.2d 703 (1995); Gallant v. Esposito, 36 Conn. App. 794, 797 , 654 A.2d 380 (1995). “ ‘If the facts revealed by the record are insufficient, unclear or ambiguous as to whether a constitutional violation has occurred, [this court] will not attempt to supplement or reconstruct the record, or to make factual determinations, in order to decide the defendant’s claim.’ ” State v. O’Brien, supra, 29 Conn. App. 732 , quoting State v. Golding, 213 Conn. 233, 240, 567 A.2d 823 (1989).
discussed Cited "see" State v. Maharg (2×)
Conn. · 2025 · signal: see · confidence high
See State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989); see also In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015) (modifying third prong of Golding).11 In doing so, we conclude that the defendant’s claim fails under Gold- ing’s first prong because the record is not adequate for review.
discussed Cited "see" Cardona v. Padilla (2×)
Conn. App. Ct. · 2025 · signal: see · confidence high
See State v. Nathaniel T., 230 Conn. App. 45 , 52–53, A.3d (2024) (‘‘The defendant has not requested review of his unpreserved constitutional claim pursuant to State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015), either in name or substance.
discussed Cited "see" In re Javonte B. (2×)
Conn. App. Ct. · 2024 · signal: see · confidence high
See State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989) (‘‘[A] defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following condi- tions are met: (1) the record is adequate to review the alleged claim of error . . . .
discussed Cited "see" State v. Andres C. (Concurrence & Dissent) (2×)
Conn. · 2024 · signal: see · confidence high
Presumably because of the state’s affirmative constitutional obligations under Brady, however, ‘‘this court has regularly entertained claims of Brady violations that were not distinctly raised at trial, as long as those claims satisfied Golding.’’ State v. McCoy, 331 Conn. 561, 598 , 206 A.3d 725 (2019); see State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989); see also In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015) (modifying third prong of Golding).
discussed Cited "see" State v. Russo (2×)
Conn. App. Ct. · 2023 · signal: see · confidence high
See, e.g., State v. Kelley, 206 Conn. 323 , 333–36, 537 A.2d 483 (1988) (Supreme Court declined to review defendant’s claim regarding validity of transfer to regular criminal docket from juvenile docket following conditional plea of nolo contendere); State v. Greene, 81 Conn. App. 492 , 501–502, 839 A.2d 1284 (Appellate Court declined to review defendant’s claim regarding denial of motion for disclo- sure because it was not within ambit of § 54-94a), cert. denied, 268 Conn. 923 , 848 A.2d 472 (2004); see generally State v. Madera, 198 Conn. 92 , 98–99, 503 A.2d 136 (1985). 22 In lig…
cited Cited "see" State v. Lori T.
Conn. · 2022 · signal: see · confidence high
See State v. Golding, supra, 239 . ‘‘The determination of whether a statutory provision is unconstitutionally vague is a question of law over which we exercise de novo review. . . .
discussed Cited "see" Commission on Human Rights & Opportunities ex rel. Cortes v. Valentin (2×)
Conn. App. Ct. · 2022 · signal: see · confidence high
See State v. Golding, 213 Conn. 233, 241 , 567 A.2d 823 (1989) (‘‘once identified, unpreserved evidentiary claims . . . will be summarily dismissed’’).
discussed Cited "see" VanDeusen v. Commissioner of Correction (2×)
Conn. App. Ct. · 2022 · signal: see · confidence high
See Jordan v. Commissioner of Correction, 197 Conn. App. 822 , 831 n.9, 234 A.3d 78 (2020), aff’d, 341 Conn. 279 , 267 A.3d 120 (2021). 16 General Statutes § 53-202j imposes a harsher penalty—an eight year, nonsuspendable sentence—on ‘‘[a]ny person who commits any class A, B or C felony and in the commission of such felony uses, or is armed with and threatens the use of, or displays, or represents by his words or conduct that he possesses an assault weapon, as defined in [General Statutes §] 53- 202a . . . .’’ (Emphasis added.) 17 At oral argument before this court, appellate c…
discussed Cited "see" Gonzalez v. Commissioner of Correction (2×)
Conn. App. Ct. · 2022 · signal: see · confidence high
See State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015).
discussed Cited "see" State v. Daniels (2×)
Conn. · 2022 · signal: see · confidence high
Id., 54 ; see State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989); see also In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015) (modifying third prong of Golding).
discussed Cited "see" State v. McKinney (2×)
Conn. App. Ct. · 2021 · signal: see · confidence high
Although an offer of proof is not a strict prerequisite for appellate review; see State v. Holley, 327 Conn. 576 , 595–96, 175 A.3d 514 (2018) (‘‘[b]ecause [State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015)] does not excuse an inadequate record, the absence or inadequacy of an offer of proof may prevent a criminal defendant from proving on appeal that the trial court’s preclusion of certain evidence vio- lated his right to present a defense’’ (emphasis added; footnote omitted)); Burns v. Hanson…
discussed Cited "see" State v. Rivera (2×)
Conn. App. Ct. · 2020 · signal: see · confidence high
See State v. Lewis, 303 Conn. 760 , 767 n.4, 36 A.3d 670 (2012) (‘‘To the extent that the defendant’s sufficiency claims were unpreserved, we observe that ‘any defendant found guilty on the basis of insufficient evidence has been deprived of a constitutional right, and would therefore necessarily meet the four prongs of [State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989)].
discussed Cited "see" In re Aisjaha N. (2×)
Conn. App. Ct. · 2020 · signal: see · confidence high
See State v. Golding, 213 Conn, 233, 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015). 2 We also note that the court did not default the respondent mother for not attending the hearing and, therefore, the petitioner was put to her proof on the allegations of the petition.
discussed Cited "see" In re Aisjaha N. (2×)
Conn. App. Ct. · 2020 · signal: see · confidence high
See State v. Golding, 213 Conn, 233, 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015). 2 We also note that the court did not default the respondent mother for not attending the hearing and, therefore, the petitioner was put to her proof on the allegations of the petition.
discussed Cited "see" State v. Lori T. (2×)
Conn. App. Ct. · 2020 · signal: see · confidence high
See General Statutes § 54–86e. 1 On May 25, 2015, R was thirteen years old, L and T were eleven years old, and S was nine years old. 2 The defendant filed at least one motion to dismiss, a motion for a judg- ment of acquittal, and a motion for judgment notwithstanding the verdict. 3 The defendant requests review of this claim pursuant to State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989), as modified by In re Yasiel R., 317 Conn. 773 , 781, 120 A.3d 1188 (2015). ‘‘To enable us to review a claim that a statute is vague as applied, the record must . . . reflect the conduct th…
cited Cited "see" State v. Sawyer
Conn. · 2020 · signal: see · confidence high
See id., 240 .
discussed Cited "see" State v. Leniart (2×)
Conn. · 2019 · signal: see · confidence high
See State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989) (establishing requirements for defendant to prevail on claim of consti- tutional error not preserved at trial).
discussed Cited "see" State v. Leniart (2×)
Conn. · 2019 · signal: see · confidence high
See State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989) (establishing requirements for defendant to prevail on claim of consti- tutional error not preserved at trial).
discussed Cited "see" State v. McCoy (2×)
Conn. · 2019 · signal: see · confidence high
See State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989) ; see also In re Yasiel R. , 317 Conn. 773 , 781, 120 A.3d 1188 (2015) (modifying Golding 's third prong).
discussed Cited "see" State v. Purcell (2×)
Conn. · 2019 · signal: see · confidence high
Id., 427–40; see State v. Golding, 213 Conn. 233 , 239–40, 567 A.2d 823 (1989) (prescribing require- ments to obtain review and to prevail on unpreserved constitutional claim); see also In re Yasiel, 317 Conn. 773 , 781, 120 A.3d 1188 (2015) (modifying third prong of Golding).
discussed Cited "see" State v. Purcell (2×)
Conn. · 2019 · signal: see · confidence high
Id., at 427-40 , 166 A.3d 883 ; see State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989) (prescribing requirements to obtain review and to prevail on unpreserved constitutional claim); see also In re Yasiel , 317 Conn. 773 , 781, 120 A.3d 1188 (2015) (modifying third prong of Golding ).
examined Cited "see" State v. Gonzalez (3×)
Conn. App. Ct. · 2019 · signal: see · confidence high
See State v. Golding , supra, at 239 , 567 A.2d 823 .
discussed Cited "see" State v. Bethea (2×)
Conn. App. Ct. · 2019 · signal: see · confidence high
See State v. Golding , supra, 213 Conn. at 241 , 567 A.2d 823 ("once identified, unpreserved evidentiary claims masquerading as constitutional claims will be summarily dismissed").
discussed Cited "see" State v. Patel (2×)
Conn. App. Ct. · 2019 · signal: see · confidence high
See State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989), as modified by In re Yasiel R. , 317 Conn. 773 , 120 A.3d 1188 (2015).
discussed Cited "see" In re Zakai F. (2×)
Conn. App. Ct. · 2018 · signal: see · confidence high
See State v. Golding , supra, 213 Conn. at 241 , 567 A.2d 823 .
examined Cited "see" State v. Rogers (4×)
Conn. App. Ct. · 2018 · signal: see · confidence high
See State v. Golding , 213 Conn. 233 , 239, 567 A.2d 823 (1989) (second prong requires claim to be of constitutional magnitude), as modified by In re Yasiel R. , 317 Conn. 773 , 781, 120 A.3d 1188 (2015).
discussed Cited "see" State v. Artiaco (2×)
Conn. App. Ct. · 2018 · signal: see · confidence high
See State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989), as modified by In re Yasiel R. , 317 Conn. 773 , 781, 120 A.3d 1188 (2015).
cited Cited "see" State v. Walker
Conn. App. Ct. · 2018 · signal: see · confidence high
See id., at 240 , 567 A.2d 823 .
discussed Cited "see" State v. Angel M. (2×)
Conn. App. Ct. · 2018 · signal: see · confidence high
See State v. Golding , supra, 213 Conn. at 241 , 567 A.2d 823 ("once identified, unpreserved evidentiary claims masquerading as constitutional claims will be summarily dismissed"). 2 The defendant also claims that the prosecutor improperly referred to facts not in evidence during closing rebuttal argument.
examined Cited "see" State v. Daniel W. (4×)
Conn. App. Ct. · 2018 · signal: see · confidence high
Furthermore, the defendant argues that the court's instructions in its final charge "would have led the jury to believe that C's claims had been proven, resulting in more prejudice to the defendant." Because the defendant did not object at trial to the court's instruction regarding uncharged misconduct evidence either immediately after C's testimony or during the court's final charge, and does not seek review under Golding ; see State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989), as modified by In re Yasiel R. , 317 Conn. 773 , 781, 120 A.3d 1188 (2015) ; or the plain error doctrin…
examined Cited "see" State v. Campbell (4×)
Conn. · 2018 · signal: see · confidence high
See State v. Golding , supra, 213 Conn. at 239 , 567 A.2d 823 .
cited Cited "see" State v. Azevedo
Conn. App. Ct. · 2017 · signal: see · confidence high
See id., at 240 , 567 A.2d 823 .
discussed Cited "see" Wiederman v. Halpert (2×)
Conn. App. Ct. · 2017 · signal: see · confidence high
Consistent with this general principle, we will reverse a [judgment] under our supervisory powers only in the rare case that fairness and justice demand it. [T]he exercise of our supervisory powers is an extraordinary remedy to be invoked only when circumstances are such that the issue at hand, while not rising to the level of a constitutional violation, is nonetheless of [the] utmost seriousness, not only for the integrity of a particular trial but also for the perceived fairness of the judicial system as a whole." (Citations omitted; internal quotation marks omitted.) State v. Reyes , 325 Co…
examined Cited "see" State v. Thomas (4×)
Conn. App. Ct. · 2017 · signal: see · confidence high
See State v. Golding , supra, at 240 , 567 A.2d 823 .
discussed Cited "see" Salters v. Commissioner of Correction (2×)
Conn. App. Ct. · 2017 · signal: see · confidence high
See State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989), as modified by In re Yasiel R. , 317 Conn. 773 , 781, 120 A.3d 1188 (2015).
discussed Cited "see" State v. Smith (2×)
Conn. App. Ct. · 2017 · signal: see · confidence high
See State v. Golding , supra, 213 Conn. at 240 , 567 A.2d 823 .
discussed Cited "see" Taylor v. Commissioner of Correction (2×)
Conn. · 2017 · signal: see · confidence high
See Bennett v. New Milford Hospital, Inc. , 300 Conn. 1 , 32-33, 12 A.3d 865 (2011) (refused to review claim not preserved before trial court or Appellate Court, request for review pursuant State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 [1989], for first time in reply brief, and constitutional claim not included in petition for certification to appeal from judgment of Appellate Court). 5 The petitioner relies on State v. Lopez , supra, 271 Conn. at 739 , 859 A.2d 898 , to support his claim that the error in the present case is structural in nature.
discussed Cited "see" In re Larry D. (2×)
Conn. App. Ct. · 2017 · signal: see · confidence high
See State v. Golding , supra, 213 Conn. at 241 -42 , 567 A.2d 823 ("In many cases of an alleged constitutional violation ... the state is able to demonstrate the harmlessness of such alleged violation beyond a reasonable doubt. ...
discussed Cited "see" In re Jacquelyn W. (2×)
Conn. App. Ct. · 2016 · signal: see · confidence high
See State v. Golding , 213 Conn. 233 , 239-40, 567 A.2d 823 (1989) ("a defendant can prevail on a claim of constitutional error not preserved at trial only if ... (3) the alleged constitutional violation ... exists and ... deprived the defendant of a fair trial," as modified by In re Yasiel R ., supra, 317 Conn. at 781, 120 A.3d 1188 ).
State of Connecticut
v.
Monica Golding
Joseph G. Bruckmann, assistant public defender, with whom, on the brief, was Michael Lefebvre, law student intern, for the appellant (defendant)., Steven M. Sellers, assistant state’s attorney, and Mary H. Lesser, deputy assistant state’s attorney, with whom, on the brief, were JohnM. Bailey, state’s attorney, and Alan Reisner, assistant state’s attorney, for the appellee (state).
Callahan.
Cited by 2,738 opinions  |  Published
Callahan, J.

The defendant was charged in a four count information with larceny in the second degree in violation of General Statutes § 53a-123 (a) (4),[1] conspiracy to commit larceny in the second degree in violation of General Statutes §§ 53a-123 and 53a-48, general assistance fraud in violation of General Statutes § 17-282,[2] and conspiracy to commit general assist-[*235] anee fraud in violation of General Statutes §§ 17-282 and 53a-48. At the close of the state’s case the trial court dismissed both counts of conspiracy. The defendant was thereafter convicted by a jury of larceny in the second degree and of general assistance fraud. The trial court sentenced the defendant to concurrent suspended sentences on both counts, placed her on probation on both counts and ordered as conditions of probation that the defendant make restitution of the sum of $877.90 and perform two hundred hours of community service.

The defendant, thereafter, appealed on several grounds to the Appellate Court; that court upheld the trial court’s judgment. State v. Golding, 14 Conn. App. 272, 541 A.2d 509 (1988). The defendant then requested certification to this court. We granted certification[3] limited to the questions of whether the Appellate Court had erred in refusing to reverse the defendant’s conviction of general assistance fraud because of the lack of an instruction by the trial court concerning the amount involved in the fraud and whether the Appellate Court had erred by refusing to review the defendant’s claim that under the federal and state constitutions the amount involved in the fraud was an essential element of the offense and was therefore required to be charged by the trial court.[4] The claim[*236] of the lack of a jury instruction regarding the amount of the fraud was not raised at trial. The defendant therefore sought review in the Appellate Court and seeks review in this court under State v. Evans, 165 Conn. 61, 327 A.2d 576 (1973).[5]

We initially heard arguments in this case in May, 1989. Thereafter, sua sponte, we requested further briefing and argument as to whether we should revise the standards set out in State v. Evans, supra, for appellate review of constitutional claims not distinctly raised at trial. We now reverse the Appellate Court on the merits and in this opinion adhere to Evans.

I

Prior to July 1,1984, the maximum penalty for general assistance fraud was a fine of $1000, imprisonment for one year, or both. General Statutes (Rev. to 1983) § 17-282. The penalty in the statute bore no relation to the amount fraudulently obtained. Effective July 1, 1984, however, the statute was amended by No. 84-471 of the 1984 Public Acts, to subject a person convicted of general assistance fraud to the penalties for larceny under General Statutes §§ 53a-122 through 53a-125b. Those statutes grade the degree of the crime and the consequent severity of the penalties according to the amount obtained as a result of the defendant’s illegal conduct. Those grades range from larceny in the first degree, a class B felony carrying a maximum possible penalty of twenty years imprisonment and a $10,000 fine, to larceny in the sixth degree, a class C mis[*237] demeanor carrying a maximum possible penalty of three months imprisonment and a fine of $250.[6]

The trial court in its charge, however, failed to inform the jury that it must find proven, beyond a reasonable doubt, the amount the defendant obtained by fraud. See In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970). The trial court further did not request the jury to make a specific finding as to that amount. Under the circumstances revealed by the evidence, however, the jury could have determined that the defendant obtained varied amounts depending upon the conduct of the defendant the jury found proven to have been fraudulent. The first question to be addressed, therefore, is whether the amount obtained by the defendant is an essential element of the crime of general assistance fraud.[7]

The overwhelming weight of authority is that the value of property stolen or obtained by fraud is an essential element of the crime when the value is used to differentiate between a felony and a misdemeanor or to determine the severity of the offense and the consequent punishment for a convicted offender. State v. Scielzo, 190 Conn. 191, 199-200, 460 A.2d 951 (1983); State v. Baker, 182 Conn. 52, 62, 437 A.2d 843 (1980); Negron v. State, 306 So. 2d 104, 108 (Fla. 1974); People v. Stark, 59 Ill. App. 3d 676, 681-82, 375 N.E.2d[*238] 826 (1978); State v. Dilworth, 358 So. 2d 1254, 1256 (La. 1978); State in Interest of Batiste, 359 So. 2d 1077, 1078 (La. App. 1978); People v. Johnson, 133 Mich. App. 150, 153, 348 N.W.2d 716 (1984); People v. Fuzi, 46 Mich. App. 204, 209, 208 N.W.2d 47 (1973); Sanders v. State, 664 S.W.2d 705, 709 (Tex. Crim. App. 1982); Standley v. State, 517 S.W.2d 538, 541 (Tex. Crim. App. 1975); 50 Am. Jur. 2d, Larceny § 159. We conclude therefore that under the present statutory scheme embodied in § 17-282 for determining the degree of the offense and the severity of the permissible punishment the amount obtained by general assistance fraud is an essential element of that crime. Because the amount the defendant obtained by fraud is an essential element of the crime under the applicable statutory scheme, the trial court was obligated to instruct the jury concerning it. State v. Williamson, 206 Conn. 685, 708, 539 A.2d 561 (1988); State v. Harman, 198 Conn. 124, 133-34, 502 A.2d 381 (1985); State v. Mason, 186 Conn. 574, 585, 442 A.2d 1335 (1982); State v. Sumner, 178 Conn. 163, 170, 422 A.2d 299 (1979). Failure to do so was constitutional error; State v. Williamson, supra; and requires reversal because the jury reached its decision without any instruction on, or consideration of, an essential element of the crime charged. Screws v. United States, 325 U.S. 91, 107, 65 S. Ct. 1031, 89 L. Ed. 1495 (1945); State v. Harman, supra, 134; State v. Kurvin, 186 Conn. 555, 561, 442 A.2d 1327 (1982); State v. Sunday, 187 Mont. 292, 299-300, 609 P.2d 1188 (1980).

II

Further, the Appellate Court erred by refusing to review the defendant’s claim since she proffered a constitutional claim and the record was clearly adequate to review that claim. State v. Hill, 201 Conn. 505, 512-13, 523 A.2d 1252 (1986); State v. Kurvin, supra, 558. We have for many years held that claims not raised[*239] in the trial court “can and will be considered” on appeal in two “exceptional circumstances.” State v. Evans, supra, 70. One of those circumstances “may arise where the record adequately supports a claim that a litigant has clearly been deprived of a fundamental constitutional right and a fair trial.”[8] (Emphasis added.) Id.

The state urges us to revise the Evans standard of review for errors not preserved at trial because the words used by the standard though easily said lend themselves to inconsistent application. We have reviewed our own cases and those of the Appellate Court, and we agree with the state that they demonstrate disparate approaches to the Evans criteria. Upon reflection, we have decided neither to adopt a pure plain error standard for alleged constitutional violations, nor to attempt to reconcile past Evans decisions. Instead, we articulate guidelines designed to facilitate a less burdensome, more uniform application of the present Evans standard in future cases involving alleged constitutional violations that are raised for the first time on appeal.

Relying on the methodology of State v. Whistnant, 179 Conn. 576, 427 A.2d 414 (1980), we hold that a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error;[9] (2) the claim is of constitutional magnitude alleging the violation of a fundamental right;[*240] (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt. In the absence of any one of these conditions, the defendant’s claim will fail. The appellate tribunal is free, therefore, to respond to the defendant’s claim by focusing on whichever condition is most relevant in the particular circumstances.

The defendant bears the responsibility for providing a record that is adequate for review of his claim of constitutional error. If the facts revealed by the record are insufficient, unclear or ambiguous as to whether a constitutional violation has occurred, we will not attempt to supplement or reconstruct the record, or to make factual determinations, in order to decide the defendant’s claim. State v. Anderson, 209 Conn. 622, 632-33, 553 A.2d 589 (1989); State v. Wilson, 199 Conn. 417, 438, 513 A.2d 620 (1986); State v. Tyler-Barcomb, 197 Conn. 666, 675-76, 500 A.2d 1324 (1985), cert. denied, 475 U.S. 1109, 106 S. Ct. 1518, 89 L. Ed. 2d 916 (1986); State v. Thompson, 197 Conn. 67, 76 n.7, 495 A.2d 1054 (1985); State v. Conroy, 194 Conn. 623, 627 n.5, 484 A.2d 448 (1984); State v. Baker, supra, 56-57; State v. Evans, supra, 70-71.[10]

The defendant also bears the responsibility of demonstrating that his claim is indeed a violation of a fundamental constitutional right. Patently nonconstitutional claims that are unpreserved at trial do not warrant special consideration simply because they bear a constitutional label. State v. Vilalastra, 207 Conn. 35, 46, 540 A.2d 42 (1988); State v. Douglas, 203 Conn. 445, 455,[*241] 525 A.2d 101 (1987); State v. Mullings, 202 Conn. 1, 15, 519 A.2d 58 (1987); State v. McIntosh, 199 Conn. 155, 162, 506 A.2d 104 (1986); State v. Vitale, 197 Conn. 396, 403, 497 A.2d 956 (1985); State v. Gooch, 186 Conn. 17, 18, 438 A.2d 867 (1982). For example, once identified, unpreserved evidentiary claims masquerading as constitutional claims will be summarily dismissed. State v. Smith, 209 Conn. 423, 425-26, 551 A.2d 742 (1988); State v. Mullings, supra, 15; State v. Tyler-Barcomb, supra, 674; State v. George, 194 Conn. 361, 371-72, 481 A.2d 1068 (1984), cert. denied, 469 U.S. 1191, 105 S. Ct. 963, 83 L. Ed. 2d 968 (1985).

Finally, if we are persuaded that the merits of the defendant’s claim should be addressed, we will review it and arrive at a conclusion as to whether the alleged constitutional violation clearly exists and whether it clearly deprived the defendant of a fair trial. State v. Torrence, 196 Conn. 430, 435, 493 A.2d 865 (1985); State v. Evans, supra, 71-73. In the present case, for example, it was clear constitutional error for the trial court to fail to instruct the jury concerning an essential element of the crime with which the defendant was charged, and the defendant was therefore clearly deprived of a fair trial.

In many cases of an alleged constitutional violation, however, the state is able to demonstrate the harmlessness of such alleged violation beyond a reasonable doubt. See United States v. Hasting, 461 U.S. 499, 507-509, 103 S. Ct. 1974, 76 L. Ed. 2d 96 (1983), on remand, 739 F.2d 1269 (7th Cir. 1984), cert. denied, 469 U.S. 1218, 105 S. Ct. 1199, 84 L. Ed. 2d 343 (1985); Chapman v. California, 386 U.S. 18, 22, 87 S. Ct. 824, 17 L. Ed. 2d 705, reh. denied, 386 U.S. 987, 87 S. Ct. 1283, 18 L. Ed. 2d 241 (1967); State v. Morrill, 197 Conn. 507, 539, 498 A.2d 76 (1985); State v. Castonguay, 194 Conn. 416, 434-35, 481 A.2d 56 (1984); Williams v. Salamone, 192 Conn. 116, 120, 470 A.2d[*242] 694 (1984); State v. Washington, 182 Conn. 419, 429, 438 A.2d 1144 (1980); Aillon v. State, 168 Conn. 541, 547-48, 363 A.2d 49 (1975). Under such circumstances, it would be a waste of judicial resources, and a pedantic exercise, to delve deeply into the constitutional merits of a claim that can appropriately be resolved in accordance with the relevant harmless error analysis. For example, in a case where, on the whole record, there is overwhelming evidence of guilt and a constitutional claim is raised under Evans concerning the admission of inconsequential tangible evidence that was allegedly illegally seized, there is no reason that we cannot assume the constitutional violation and first address the fair trial issue and, if the alleged violation is harmless beyond a reasonable doubt, not engage in an in-depth discussion of the substantive constitutional claim.

Such an approach would be in keeping with the spirit of what the United States Supreme Court said in United States v. Hasting, supra, 509: “Since [Chapman v. California, supra,] the Court has consistently made clear that it is the duty of a reviewing court to consider the trial record as a whole and to ignore errors that are harmless, including most constitutional violations, see, e.g., [Brown v. United States, 411 U.S. 223, 230-32, 93 S. Ct. 1565, 36 L. Ed. 2d 208 (1973)]; Harrington v. California, 395 U.S. 250, [89 S. Ct. 1726, 23 L. Ed. 2d 284] (1969); Milton v. Wainwright, 407 U.S. 371, [92 S. Ct. 2174, 33 L. Ed. 2d 1] (1972). The goal . . . is‘to conserve judicial resources by enabling appellate courts to cleanse the judicial process of prejudicial error without becoming mired in harmless error.’ ”

The decision of the Appellate Court is reversed and a new trial is ordered for the count of the information charging the defendant wdth general assistance fraud in violation of § 17-282 only. The defendant’s convic[*243] tion of larceny in the second degree in violation of § 53a-123 (a) (4) and the sentence and conditions imposed thereon remain in effect.

In this opinion Peters, C. J., Healey, Glass, Hull and Santaniello, Js., concurred.

Covello, J., concurred in the result.

1

General Statutes § 53a-123 (a) (4) provides: “larceny in the second degree: class c felony, (a) A person is guilty of larceny in the second degree when he commits larceny as defined in section 53a-119 and . . . (4) the property is obtained by defrauding a public community, and the value of such property is two thousand dollars or less.”

2

“[General Statutes] Sec. 17-282. general assistance fraud, penalty. FORFEITURE OF PRIVILEGES OF PARTICIPATION IN PROGRAM. TERMINATION upon conviction, readmission, (a) No vendor of goods or services sold to or performed for any beneficiary of assistance under this part shall, with intent to defraud, present for payment any false claim for goods or services performed, or accept payment for goods or services performed, which exceeds the amounts due for goods or services performed.

“(b) Any person or vendor who defrauds or assists in defrauding any town as to the support of its paupers, or deceives the selectmen thereof in obtaining support for any person not entitled to the same, or is found in violation of subsection (a) of this section, shall be subject to the penalties for larceny under sections 53a-122 to 53a-125b, inclusive, depending on the amount involved. In addition, any such person or vendor shall be subject to forfeiture of privileges of participation in the program provided under this part after a hearing held by the town according to procedures established by such town. Any person or vendor who is convicted of violating this section shall be terminated from participation in such program, effective upon conviction. No vendor so terminated shall be readmitted to such program for at least three years from the date of termination.”

See footnote 6, infra.

3

The questions certified read as follows: “Where, in a prosecution for general assistance fraud (Section 17-282) the jury was never instructed concerning a finding of ‘the amount involved,’ did the Appellate Court err in refusing to reverse the defendant’s conviction on the ground of the lack of such an instruction and did it err in refusing to review the defendant’s claim that under the United States and Connecticut constitutions ‘the amount involved,’ is necessarily an essential element of the offense since it determines whether the offense is a misdemeanor or a crime as serious as a class B felony?”

4

The defendant claimed that the lack of a jury instruction concerning the amount obtained by fraud deprived her of her right to a jury trial on all the essential elements of the crime charged under the sixth and fourteenth amendments to the United States constitution and article first, § 8 of the Connecticut constitution. The right to a trial by jury is a “fundamen[*236] tal” right protected from state action by the due process clause of the fourteenth amendment. Duncan v. Louisiana, 391 U.S. 145, 148-49, 88 S. Ct. 1444, 20 L. Ed. 2d 491, reh. denied, 392 U.S. 947, 88 S. Ct. 2270, 20 L. Ed. 2d 1412 (1968).

5

Certification was not granted on any questions concerning the defendant’s conviction of larceny in the second degree in violation of General Statutes § 53a-123 (a) (4).

6

Although No. 84-471 of the 1984 Public Acts was not effective until July 1,1984, and some of the defendant’s fraudulent conduct occurred prior to that date, apparently the trial court and certainly the parties and the Appellate Court treated the defendant’s sentence as having been imposed under the amended statute. See State v. Allen, 12 Conn. App. 403, 406, 530 A.2d 670, cert. denied, 205 Conn. 809, 532 A.2d 76 (1987).

7

The Appellate Court applied its Thurman test for Evans review and under the second prerequisite of that test found that the amount obtained by fraud was not an essential element of the crime. It, therefore, concluded that the trial court’s failure to charge the jury concerning it was not constitutional error reviewable under Evans. See State v. Thurman, 10 Conn. App. 302, 306-307, 523 A.2d 891, cert. denied, 204 Conn. 805, 528 A.2d 1152 (1987).

8

The other exceptional circumstance is “where a new constitutional right not readily foreseeable has arisen between the time of trial and appeal.” State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973). That circumstance is not at issue in this case.

9

A review of our cases reveals that the words “adequately supports” in State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973), may be translated to read “is adequate to review.” See, e.g., State v. Mercer, 208 Conn. 52, 57, 544 A.2d 611 (1988); State v. Torrence, 196 Conn. 430, 435, 493 A.2d 865 (1985).

10

An adequate factual record is especially crucial when dealing with a claim that was not preserved at trial, since consideration is being sought for review of a claim for which we lack a trial court ruling.