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People v. Latchman

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 683 (N.Y. App. Div. 1998)

Opinion

June 29, 1998

Appeal from the Supreme Court, Kings County (Aiello, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's charge on accessorial liability was not erroneous. The charge, which was, in part, taken verbatim from Penal Law § 20.00, clearly conveyed to the jury that the defendant must have possessed the mental culpability required for the crimes charged and that his conduct must have been intentional and knowing ( see, People v. Jordan, 187 A.D.2d 731; People v. Wise, 135 A.D.2d 593; People v. Newton, 120 A.D.2d 751).

Similarly without merit is the defendant's contention that the trial court failed to properly respond to notes in which the jury requested readbacks of testimony. "It was well within the court's discretion to have asked the jury what portion of the testimony it wanted read back and for the jury to indicate when it had heard enough" ( People v. Gadson, 161 A.D.2d 795, 796; see also, People v. Rodriguez, 154 A.D.2d 488; People v. Charkow, 142 A.D.2d 734). Under the circumstances, it cannot be said that the court did not meaningfully respond to the jury's request ( see, People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

Rosenblatt, J. P., O'Brien, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Latchman

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 683 (N.Y. App. Div. 1998)
Case details for

People v. Latchman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS LATCHMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1998

Citations

251 A.D.2d 683 (N.Y. App. Div. 1998)
676 N.Y.S.2d 471

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