· 9/27/1996
In re Adelman
Citations
- 231 A.D.2d 964
- 648 N.Y.S.2d 385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that not allowing inconsistent defenses will lead to the defendant \yielding ... his right to have the Government prove the elements of the crime beyond a reasonable doubt\
- overruling and disapproving of all authority in the ninth \circuit that relies on Eastman and its progeny\
- “inconsistency theory” not applicable where defendant does not take stand because defendant has not denied the crime
- while defendant may both deny committing the offense and claim entrapment, “the high risks to him make it unlikely as a strategic matter that he will choose to do so”
- “The rule in favor of inconsistent defenses reflects the belief of modern criminal jurisprudence that a criminal defendant should be accorded every reasonable protection in defending himself against governmental prosecution.”
- \The rule in favor of inconsistent defenses reflects the belief of modern criminal jurisprudence that a criminal defendant should be accorded every reasonable protection in defending himself against governmental prosecution.\
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.