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People v. Vanbrook

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 2008
56 A.D.3d 805 (N.Y. App. Div. 2008)

Opinion

No. 2005-00683.

November 25, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered January 12, 2005, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Erin R. Collins of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.

FRED T. SANTUCCI, J.P., JOSEPH COVELLO, JOHN M. LEVENTHAL, ARIEL E. BELEN, JJ.

Before: Santucci, J.P., Covello, Leventhal and Belen, JJ.


Ordered that the judgment is affirmed.

Viewing the jury charge as a whole, the court fairly instructed the jury on the correct principles of law to be applied to this case ( see People v Leach, 38 AD3d 917). The charge as a whole correctly and effectively conveyed the proper elements of the crime charged ( see Penal Law § 160.10; People v Barnes, 153 AD2d 565). The court properly declined to charge the jury in language that would have amounted to unnecessary marshaling of the evidence. The proper standards conveyed in the court's charge were capable of being understood by the jury without marshaling of facts ( see People v Coscia, 279 AD2d 352).


Summaries of

People v. Vanbrook

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 2008
56 A.D.3d 805 (N.Y. App. Div. 2008)
Case details for

People v. Vanbrook

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEKORO VANBROOK…

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

Date published: Nov 25, 2008

Citations

56 A.D.3d 805 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9428
867 N.Y.S.2d 691

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