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People v. Petty

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2005
21 A.D.3d 828 (N.Y. App. Div. 2005)

Opinion

6546.

September 22, 2005.

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered January 28, 1993, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing him to an aggregate term of 8 1/3 to 25 years, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Susan E. Baumgartner of counsel), for respondent.

Before: Sullivan, J.P., Ellerin, Nardelli and Sweeny, JJ.


Were we to find any error in the court's exclusion of certain evidence concerning prior threats made by the deceased, we would find the error to be harmless ( see People v. Luberoff, 150 AD2d 802, lv denied 74 NY2d 813). This evidence was cumulative and added little or nothing to defendant's justification defense. Furthermore, there was overwhelming evidence that defendant was the initial and only aggressor, and that he was not justified in shooting his unarmed victim.

The court's justification charge, when read as a whole, provided the jury with proper guidance on the "initial aggressor" issue ( see Penal Law § 35.15 [b]) and could not have caused any prejudice to defendant.


Summaries of

People v. Petty

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 2005
21 A.D.3d 828 (N.Y. App. Div. 2005)
Case details for

People v. Petty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL PETTY, Appellant

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

Date published: Sep 22, 2005

Citations

21 A.D.3d 828 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6863
801 N.Y.S.2d 295

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