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PEOPLE v. JOHNSON

207 A.D.2d 678 (1994)

616 N.Y.S.2d 371

The People of the State of New York, Respondent, v. Robert Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 8, 1994

Certain errors in the instructions provided to the jury require a new trial. During voir dire, the court, in describing the concept of acting in concert, first gave the jury a confusing hypothetical about actors in a play and then one involving facts almost identical to the instant case. It is well settled that a trial court's use of a hypothetical with facts "strikingly similar" to those in the case at hand is error (People v Hommel, 41 N.Y.2d 427...

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