· 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 CourtListenerSourced 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.