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People v. Donati

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 837 (N.Y. App. Div. 1991)

Opinion

January 28, 1991

Appeal from the County Court, Westchester County (Kepner, J.).


Ordered that the judgment is affirmed.

The defendant argues, as did his father and codefendant (see, People v Donati, 169 A.D.2d 837 [decided herewith]), that the trial court's supplemental instructions to the jury were inadequate. We do not agree. Here, the jury asked for a repetition of the legal definitions of parts of the indictment, and the court responded by re-reading its earlier instructions which defined these crimes. The mere fact that the court relied on its prior instructions in responding to the jury's request for supplemental instructions does not constitute reversible error where, as here, there was no showing that the jury was perplexed or confused after the repeated instructions (see, People v Dawkins, 151 A.D.2d 495).

We have examined the defendant's remaining contentions and find them to be without merit (see, People v Donati, supra). Bracken, J.P., Brown, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Donati

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 837 (N.Y. App. Div. 1991)
Case details for

People v. Donati

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN DONATI, JR.…

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

Date published: Jan 28, 1991

Citations

169 A.D.2d 837 (N.Y. App. Div. 1991)
565 N.Y.S.2d 206

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