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People v. Woodland [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 2000
(N.Y. App. Div. Feb. 3, 2000)

Opinion

Argued November 16, 1999

February 3, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered July 12, 1996, convicting him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Elon Harpaz of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Kenneth V. Byrne of counsel), for respondent.

THOMAS R. SULLIVAN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed. In light of the overwhelming proof of the defendant's guilt, there is no merit to his contention that reversal of his conviction is required by the admission of evidence of an uncharged crime unrelated to the instant charges (see, People v. Till, 87 N.Y.2d 835 ; People v. Montanez, 41 N.Y.2d 53 ).

The defendant's contention that the trial court failed to comply with the jury's request for clarification of the intent element of the crime of attempted murder in the second degree is also without merit. The court responded to the jury's request in a meaningful way by rereading the definition of attempted murder and providing a supplemental instruction regarding intent (see,CPL 310.30 ; People v. Steinberg, supra; People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847).

SULLIVAN, J.P., FRIEDMANN, FEUERSTEIN, and SMITH, JJ., concur.


Summaries of

People v. Woodland [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 2000
(N.Y. App. Div. Feb. 3, 2000)
Case details for

People v. Woodland [2d Dept 2000

Case Details

Full title:THE PEOPLE, etc., respondent, v. THOMAS WOODLAND, appellant. (Ind. No…

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

Date published: Feb 3, 2000

Citations

(N.Y. App. Div. Feb. 3, 2000)