People v. Pettis Hardy


AD1 order dated March 13, 2014, affirming judgment of conviction. Decision below: 115 AD3d 511, 981 NYS2d 722. Lippman, Ch. J., granted leave July 28, 2014. Argued October 14, 2015.
ISSUES PRESENTED: (1) Whether the trial court erred in refusing to give a circumstantial evidence charge on the ground that there was both direct and circumstantial evidence of guilt. (2) The propriety of the court’s giving two Allen-type charges. (3) Whether the court erred in allowing two lay witnesses to give opinion testimony as to the meaning of events depicted in surveillance videotapes, where the witnesses had not personally observed the events described. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)