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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 2011
2011 N.Y. Slip Op. 8786 (N.Y. App. Div. 2011)

Opinion

2009-06172.

Decided on November 29, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered June 12, 2009, convicting him of assault in the third degree and harassment in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Lynn W. L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and William H. Branigan of counsel), for respondent.

WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, ROBERT J. MILLER, JJ.


DECISION ORDER

Contrary to the defendant's contention, under the circumstances presented in this case, the trial court's responses to the jury's notes regarding the issue of intent, which were formulated after consulting with counsel, meaningfully addressed the jury's inquiries, contained no misstatements of the law, and did not unfairly prejudice the defendant ( see People v Steinberg, 79 NY2d 673, 684-685; People v Greene , 87 AD3d 551; People v Benard , 69 AD3d 952, 953; People v Fair, 308 AD2d 597, 597-598). Accordingly, the trial court did not err in its responses to the jury's notes and inquiries.

MASTRO, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 2011
2011 N.Y. Slip Op. 8786 (N.Y. App. Div. 2011)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. SERGE RODRIGUEZ…

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

Date published: Nov 29, 2011

Citations

2011 N.Y. Slip Op. 8786 (N.Y. App. Div. 2011)