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People v. St. Louis

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 507 (N.Y. App. Div. 2000)

Opinion

Submitted February 17, 2000.

March 30, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered October 7, 1998, convicting him of assault in the second degree, assault in the third degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jane S. Meyers, and Joseph Huttler of counsel), for respondent.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that an expanded charge on the issue of identification was necessary is without merit (see, People v. Knight, 87 N.Y.2d 873, 874-875 ; People v. Whalen, 59 N.Y.2d 273, 279 ). The charge as given was a correct statement of the law which sufficiently apprised the jury that the reasonable doubt standard applied to the issue of identification, and there is little possibility that the failure to expand the charge on identification misled the jury (see, People v. Knight, supra, at 875; People v. Daniels, 225 A.D.2d 632 ).

The defendant's remaining contention is without merit.

SANTUCCI, J.P., JOY, THOMPSON, and GOLDSTEIN, JJ., concur.


Summaries of

People v. St. Louis

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 507 (N.Y. App. Div. 2000)
Case details for

People v. St. Louis

Case Details

Full title:THE PEOPLE, etc., respondent, v. HERVIL ST. LOUIS, appellant. (Ind. No…

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

Date published: Mar 30, 2000

Citations

270 A.D.2d 507 (N.Y. App. Div. 2000)
705 N.Y.S.2d 301