People v. Woods
Cases that cite this one
11 later published cases cite this decision.
- People v. Casares (Appellate Division of the Supreme Court of New York 2020)
- People v. Woods (Appellate Division of the Supreme Court of New York 2018)
- People v. Davis (Appellate Division of the Supreme Court of New York 2017)
- People v. Barber (Appellate Division of the Supreme Court of New York 2015)
- People v. Cedeno (Appellate Division of the Supreme Court of New York 2014)
- People v. Cedeno (Appellate Division of the Supreme Court of New York 2014)
- In re Devon A. (Appellate Division of the Supreme Court of New York 2010)
- People v. Hernandez (Appellate Division of the Supreme Court of New York 2009)
- People v. Smith (Appellate Division of the Supreme Court of New York 2008)
- People v. Kass (Appellate Division of the Supreme Court of New York 2008)
- People v. Settles (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jones, J.), rendered April 17, 1997, convicting him of attempted murder in the second degree, assault in the first degree, assault in the second degree (two counts), criminal possession of a weapon in the second degree (two counts), and
Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree as to the victim Ethel W., vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant’ conviction of assault in the second degree with respect to Ethel W. is dismissed as a lesser-included offense of his conviction of assault in the first degree (see, Penal Law § 120.05 [1]; § 120.10 [1]; CPL 300.30; People v Cantarero, 248 AD2d 481).
It was not error for the court to replace a sworn juror just prior to the onset of deliberations, after determining that her upcoming travel plans would interfere with her ability to concentrate and deliberate in a way that was fair to both sides (see, People v Page, 72 NY2d 69; People v Bowers, 210 AD2d 795, 797).
The defendant’s request for a missing witness charge, made after the People rested, was untimely (see, People v Flores, 255 AD2d 394).
The defendant’s remaining contentions are without merit. Krausman, J. P., Goldstein, Feuerstein and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.