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People v. Smith [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 2000
(N.Y. App. Div. Sep. 19, 2000)

Opinion

Argued June 16, 2000.

September 19, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered September 29, 1997, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (David Crow of counsel), and Paul, Weiss, Rifkind, Wharton Garrison, New York, N.Y. (Brad S. Karp and Kimberly E. McCreight of counsel), for appellant (one brief filed).

Richard A. Brown, District Attorney, Kew Gardens , N.Y. (John M. Castellano, Jeanette Lifschitz, Matthew Schechter, and Daniel Schorr of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT , JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not direct the codefendant's counsel to tell a court officer to convey any legal instructions to the jurors or to instruct them as to their duties and obligations (see, People v. Bonaparte , 78 N.Y.2d 26, 31; People v. Torres, 191 A.D.2d 601, 602).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Smith [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 2000
(N.Y. App. Div. Sep. 19, 2000)
Case details for

People v. Smith [2d Dept 2000

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. LINDON SMITH , APPELLANT. (IND. NO…

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

Date published: Sep 19, 2000

Citations

(N.Y. App. Div. Sep. 19, 2000)