PEOPLE v. RIVERA


215 A.D.2d 102 (1995)

626 N.Y.S.2d 93

The People of the State of New York, Respondent, v. Jose Rivera, Appellant

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

May 2, 1995


The trial court properly refused defendant's request to charge the jury "not to look out the windows of the jury room" with the binoculars through which a police officer had observed defendant from a roof top vantage point selling narcotics, or to otherwise experiment with the binoculars in an attempt to replicate the officer's observations. Any conceivable use of the binoculars by the jury could have amounted to "no more than the application of every day perceptions and...

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