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People v. Peruche

Citations: 243 A.D.2d 655; 668 N.Y.S.2d 893; 1997 N.Y. App. Div. LEXIS 10270

Court: Appellate Division of the Supreme Court of the State of New York; October 20, 1997; New York; State Appellate Court

Narrative Opinion Summary

The defendant's appeal from a Supreme Court judgment in Queens County, which convicted him of third-degree assault based on a jury verdict and imposed a sentence, has been affirmed. The court found no error in the decision not to provide a supplemental charge on the defense of justification in response to a jury note. Furthermore, the Supreme Court adequately addressed the jury's request for a readback of the four counts of the indictment and the applicable law, referencing relevant case law (People v Almodovar and People v Malloy). The defendant's other arguments were deemed without merit. Judges Ritter, Friedmann, Krausman, and McGinity concurred with the decision.

Legal Issues Addressed

Jury Instructions and Supplemental Charges

Application: The court upheld the trial court's decision not to issue a supplemental charge on the defense of justification, affirming that no error was made in this regard.

Reasoning: The court found no error in the decision not to provide a supplemental charge on the defense of justification in response to a jury note.

Jury Requests for Readback and Applicable Law

Application: The Supreme Court's response to the jury's request for a readback of the indictment counts and applicable law was deemed adequate, referencing relevant case law to support this action.

Reasoning: Furthermore, the Supreme Court adequately addressed the jury's request for a readback of the four counts of the indictment and the applicable law, referencing relevant case law (People v Almodovar and People v Malloy).

Review of Defendant's Arguments on Appeal

Application: The appellate court determined that the defendant's additional arguments did not warrant reversal or modification of the conviction.

Reasoning: The defendant's other arguments were deemed without merit.