People v. Schachter

6 A.D.3d 111, 774 N.Y.S.2d 24, 2004 N.Y. App. Div. LEXIS 2798
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 18, 2004
StatusPublished
Cited by1 cases

This text of 6 A.D.3d 111 (People v. Schachter) 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. Schachter, 6 A.D.3d 111, 774 N.Y.S.2d 24, 2004 N.Y. App. Div. LEXIS 2798 (N.Y. Ct. App. 2004).

Opinion

OPINION OF THE COURT

Sullivan, J.

This appeal presents the issue of whether, in a case where the evidence is entirely circumstantial, the trial court’s refusal to give a full circumstantial evidence charge requires reversal. Defendant limits this charging error argument to the substantive offenses of which he was convicted, i.e., attempted intimidating a victim or witness in the first degree, criminal sale of a controlled substance in the third degree (two counts), attempted burglary in the second degree, attempted assault in the second degree and criminal possession of a controlled substance in the fourth degree. He makes no such argument as to the conspiracy in the fourth degree convictions (four counts), nor could he, as the evidence supporting those convictions was based largely on powerful direct evidence. We conclude, given the strength of the People’s evidence as to the substantive offenses and the fact that the charge, viewed in its entirety, conveyed the essential principles applicable to a circumstantial evidence case, that reversal is not required.

In order to put the claimed error in proper perspective a brief review of the People’s evidence is in order. In September of 1998, three Dutch Shepherd dogs owned by defendant and his wife, Debbie Garniel, viciously attacked Shaun Considine, a 65-year-old author, as he walked through Central Park after his daily jog. As a result, Considine sustained bite marks, lacerations and scratches on 60% of his body—a total of about 40 bites overall. The dogs, which were heavy, knocked him to the ground and ripped off his jogging shirt and shorts. After the attack, the dogs were taken to an animal shelter, where codefen[113]*113dant Derrick Moultrie

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Related

People v. Lugo
61 A.D.3d 612 (Appellate Division of the Supreme Court of New York, 2009)

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Bluebook (online)
6 A.D.3d 111, 774 N.Y.S.2d 24, 2004 N.Y. App. Div. LEXIS 2798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schachter-nyappdiv-2004.