People v. Jiminez

Appellate Division of the Supreme Court of New York

People v. Jiminez

251 A.D.2d 236, 673 N.Y.S.2d 313, 1998 N.Y. App. Div. LEXIS 7720

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

DecidedJune 25, 1998

StatusPublished

This text of 251 A.D.2d 236 (People v. Jiminez) 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. Jiminez, 251 A.D.2d 236, 673 N.Y.S.2d 313, 1998 N.Y. App. Div. LEXIS 7720 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 15, 1996, convicting him, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

[237]*237Defendant’s claim that the court erred by failing to state in its justification charge that defendant’s duty to retreat applied only to the last of what defendant claims to be several distinct confrontations is unpreserved and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit. Viewed as a whole (see, People v Coleman, 70 NY2d 817), the court’s instructions were proper and conveyed the appropriate standard to the jury. The court properly stated that defendant did not have a duty to retreat until the time deadly force was utilized, thus avoiding any potential confusion. The prosecutor’s comments regarding defendant’s initial retreat were supported by the evidence and a fair response to defendant’s arguments. In any event, in view of the overwhelming evidence that defendant unjustifiably stabbed his unarmed victim, the claimed errors could not have affected the verdict. Concur — Milonas, J. P., Ellerin, Nardelli, Rubin and Andrias, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 15, 1996, convicting him, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

[237]*237Defendant’s claim that the court erred by failing to state in its justification charge that defendant’s duty to retreat applied only to the last of what defendant claims to be several distinct confrontations is unpreserved and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit. Viewed as a whole (see, People v Coleman, 70 NY2d 817), the court’s instructions were proper and conveyed the appropriate standard to the jury. The court properly stated that defendant did not have a duty to retreat until the time deadly force was utilized, thus avoiding any potential confusion. The prosecutor’s comments regarding defendant’s initial retreat were supported by the evidence and a fair response to defendant’s arguments. In any event, in view of the overwhelming evidence that defendant unjustifiably stabbed his unarmed victim, the claimed errors could not have affected the verdict. Concur — Milonas, J. P., Ellerin, Nardelli, Rubin and Andrias, JJ.

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Bluebook (online)

251 A.D.2d 236, 673 N.Y.S.2d 313, 1998 N.Y. App. Div. LEXIS 7720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jiminez-nyappdiv-1998.

Opinion

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