People v. Simmons
Cases that cite this one
11 later published cases cite this decision.
- People v. Tavarez (Bronx Criminal Court 2024)
- People v. Hamilton (Appellate Division of the Supreme Court of New York 2019)
- People v. Jeffrey (Appellate Division of the Supreme Court of New York 2018)
- People v. Whitfield (Appellate Division of the Supreme Court of New York 2017)
- Matter of Pastor (Appellate Division of the Supreme Court of New York 2017)
- People v. Vining (Appellate Division of the Supreme Court of New York 2015)
- TORRES, THOMAS J., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Torres (Appellate Division of the Supreme Court of New York 2015)
- People v. Torres (Appellate Division of the Supreme Court of New York 2015)
- People v. Hurd (Appellate Division of the Supreme Court of New York 2011)
- People v. Pagan (Appellate Division of the Supreme Court of New York 2010)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Although certain phrases in the trial court’s supplemental instruction were inartfully worded, we are unpersuaded that the trial court’s response to a jury note, which inquired about the element of intent, usurped the role of the jurors. Viewing the problematic language in the broader context of the supplemental instruction and the jury charge as a whole, the court conveyed the proper legal standards and repeatedly advised the jury that it was the exclusive arbiter of the facts.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.