Petition granted, on the law, without costs or disbursements, to the extent that the respondent Judge cannot decline to instruct the jury with respect to every element of the crime charged, and must instruct the jury if, in fact, a concession as to one element of the crime has been made. The proceeding is otherwise dismissed.
It is well settled that "[t]he courts may not entertain a collateral proceeding to review an error of law in a pending criminal action, however...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
