People v. Furrows

Appellate Division of the Supreme Court of New York

People v. Furrows

119 A.D.2d 693, 500 N.Y.S.2d 813, 1986 N.Y. App. Div. LEXIS 55613

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

DecidedApril 14, 1986

StatusPublished

This text of 119 A.D.2d 693 (People v. Furrows) 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. Furrows, 119 A.D.2d 693, 500 N.Y.S.2d 813, 1986 N.Y. App. Div. LEXIS 55613 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered February 16, 1984, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The only issue raised on appeal is whether the trial court erred in granting the People’s request to charge the jury as to assault in the second degree as a lesser included offense of the count of assault in the first degree charged in the indictment. Pursuant to CPL 300.50 (1) and (2), a trial court, upon the request of either party, is required to charge the jury as to any lesser included offense of a count charged in the indictment if " 'there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater’ ” (People v Green, 56 NY2d 427, 430).

Upon a review of the record, we find that such a "reasonable view of the evidence” did exist, and, accordingly, hold that the Trial Judge properly charged the jury as to assault in the second degree. Thompson, J. P., Bracken, Weinstein and Kunzeman, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered February 16, 1984, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The only issue raised on appeal is whether the trial court erred in granting the People’s request to charge the jury as to assault in the second degree as a lesser included offense of the count of assault in the first degree charged in the indictment. Pursuant to CPL 300.50 (1) and (2), a trial court, upon the request of either party, is required to charge the jury as to any lesser included offense of a count charged in the indictment if " 'there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater’ ” (People v Green, 56 NY2d 427, 430).

Upon a review of the record, we find that such a "reasonable view of the evidence” did exist, and, accordingly, hold that the Trial Judge properly charged the jury as to assault in the second degree. Thompson, J. P., Bracken, Weinstein and Kunzeman, JJ., concur.

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Bluebook (online)

119 A.D.2d 693, 500 N.Y.S.2d 813, 1986 N.Y. App. Div. LEXIS 55613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-furrows-nyappdiv-1986.

Opinion

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