People v. Cook
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of murder in the second degree (Penal Law § 125.25 [1]). Supreme
Defendant contends that the court’s charge to the jury, which included a hypothetical example involving issues of credibility, was improper because it presented a factual pattern similar to the facts in this case and possibly indicated that the Trial Justice believed that defendant was guilty (see, People v Williams, 225 AD2d 447; see generally, People v Hommel, 41 NY2d 427, 429-430; People v Williams, 234 AD2d 912, 913, lv denied 89 NY2d 1042). We disagree. The court’s hypothetical example was proper (see, People v Williams, supra, 234 AD2d, at 913). Finally, in view of the heinous nature of the offense, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Monroe County, Wisner, J.— Murder, 2nd Degree.) Present — Green, J. P., Pine, Hayes, Hurl-butt and Kehoe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.