From Casetext: Smarter Legal Research

People v. Joyce

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 747 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

Isolated statements contained in the trial court's instructions to the jury were improper (cf., People v. Smith, 113 A.D.2d 905, 908). However, the court's charge, read in its entirety, unquestionably conveyed to the jurors the proper standard by which they were to judge the defendant's guilt or innocence, and unequivocally enjoined upon them the duty to acquit the defendant unless they were to find that the prosecution had proved, beyond any reasonable doubt, all of the elements of the particular crimes charged. The jury charge was, in short, adequate (see generally, People v. Russell, 266 N.Y. 147; People v. Rodriguez, 118 A.D.2d 878; People v. Richardson, 117 A.D.2d 825). We have examined the defendant's remaining contention, and find it to be without merit. Mangano, J.P., Bracken, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Joyce

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 747 (N.Y. App. Div. 1990)
Case details for

People v. Joyce

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD JOYCE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 16, 1990

Citations

157 A.D.2d 747 (N.Y. App. Div. 1990)
550 N.Y.S.2d 42

Citing Cases

People v. White

The charge unquestionably conveyed to the jurors the proper standard by which they were to judge the…

People v. Weaver

(People v Thomas, 166 A.D.2d 624.) The court's charge conveyed to the jurors the appropriate standard by…