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· 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).

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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.