People v. Chirse

Appellate Division of the Supreme Court of New York

People v. Chirse

156 A.D.2d 185, 548 N.Y.S.2d 888, 1989 N.Y. App. Div. LEXIS 15462

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1989

StatusPublished

This text of 156 A.D.2d 185 (People v. Chirse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Chirse, 156 A.D.2d 185, 548 N.Y.S.2d 888, 1989 N.Y. App. Div. LEXIS 15462 (N.Y. Ct. App. 1989).

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Opinion

Judgment of the Supreme Court, New York County (Budd Goodman, J.), rendered on January 22, 1988, convicting defendant, after a jury trial, of second degree burglary and sentencing him as a second violent felony offender to a prison term of AVi to 9 years, is unanimously affirmed.

Defendant’s contention concerning the propriety of the court’s supplemental jury instruction was not preserved for appellate review as a matter of law. (CPL 470.05 [2].) In any event the court’s supplemental instruction relating to the concept of intent was responsive to the jury’s inquiry. (See, People v Malloy, 55 NY2d 296, cert denied 459 US 847 [1982].)

[186]*186Furthermore, under the circumstances here, a marshaling of the evidence was neither required nor requested. (See, People v Saunders, 64 NY2d 665 [1984].) Concur—Murphy, P. J., Ross, Ellerin, Smith and Rubin, JJ.

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Judgment of the Supreme Court, New York County (Budd Goodman, J.), rendered on January 22, 1988, convicting defendant, after a jury trial, of second degree burglary and sentencing him as a second violent felony offender to a prison term of AVi to 9 years, is unanimously affirmed.

Defendant’s contention concerning the propriety of the court’s supplemental jury instruction was not preserved for appellate review as a matter of law. (CPL 470.05 [2].) In any event the court’s supplemental instruction relating to the concept of intent was responsive to the jury’s inquiry. (See, People v Malloy, 55 NY2d 296, cert denied 459 US 847 [1982].)

[186]*186Furthermore, under the circumstances here, a marshaling of the evidence was neither required nor requested. (See, People v Saunders, 64 NY2d 665 [1984].) Concur—Murphy, P. J., Ross, Ellerin, Smith and Rubin, JJ.

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Bluebook (online)

156 A.D.2d 185, 548 N.Y.S.2d 888, 1989 N.Y. App. Div. LEXIS 15462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chirse-nyappdiv-1989.

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