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· 11/2/2017

Matter of Roover

Citations

  • 2017 NY Slip Op 7675
  • 155 A.D.3d 1184
  • 62 N.Y.S.3d 823

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • no reason given for not considering claim even though exception argued by appellant
  • Under clear error standard, appellate court must decide whether it is firmly convinced that the jury would have reached a different verdict had the instruction error not occurred, and the burden to establish clear error is on defendant.
  • It is well-settled that \restitution and court costs are two different things.\
  • Generally, jury instructions on lesser included offenses are legally appropriate.
  • generally discussing lesser included offense instructions

Source: CourtListener parenthetical corpus (CC0).

Judges: McCarthy, Garry, Devine, Aarons, Pritzker

Read full opinion on CourtListener

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.