1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 66 A.D.3d
  5. 66 A.D.3d 292 (2009)
 

PEOPLE v. SIMMONS

5360.

66 A.D.3d 292 (2009)

884 N.Y.S.2d 9

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PARIS SIMMONS, Appellant.

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

Decided August 4, 2009.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Joseph M. Nursey of counsel and Valerie A. Koffman, of the Massachusetts bar, admitted pro hac vice, of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Aaron Ginandes and Grace Vee of counsel), for respondent.

CATTERSON and McGUIRE, JJ., concur with SAXE, J.P.; MOSKOWITZ and ACOSTA, JJ., dissent in a separate opinion by MOSKOWITZ, J.

OPINION OF THE COURT

SAXE, J.P.

The trial court in this matter correctly instructed the jury as to its task of deciding whether defendant harbored the requisite intent to be convicted of attempted assault in the first degree. We find that when the charge is considered as a whole, the court's supplemental instruction, responding to the request for clarification of whether intent can be formed on the spur of the moment, would not have led the jury to believe...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases