The People v. Paris Simmons
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 135 The People &c., Respondent, v. Paris Simmons, Appellant. Valerie A. Koffman, for appellant. Aaron M. Ginandes, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed. Although certain phrases in the trial court's supplemental instruction were inartfully worded, we are unpersuaded that the trial court's response to a jury note, which inquired about the element of intent, usurped the role of the - 1 - - 2 jurors. No. 135 Viewing the problematic language in the broader context of the supplemental instruction and the jury charge as a whole, the court conveyed the proper legal standards and repeatedly advised the jury that it was the exclusive arbiter of the facts. * * * * * * * * * * * * * * * * * Order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided June 24, 2010 - 2 -
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