People v. Simmons
New York Court of Appeals
People v. Simmons, 931 N.E.2d 1053 (N.Y. 2010)
15 N.Y.3d 728; 905 N.Y.S.2d 797
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur
People v. Simmons
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.
Reference
- Full Case Name
- The People of the State of New York, Respondent, v. Paris Simmons, Appellant
- Cited By
- 11 cases
- Status
- Published