People v. Almodovar
New York Court of Appeals
POINTS OF COUNSEL I. Appellant was denied due process by the trial court’s refusal to instruct the jury that the complainant’s screwdriver, which defense witnesses saw him use as a weapon, was a dangerous instrument under those circumstances. {People v Almond, 37 AD2d 571.) II.
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POINTS OF COUNSEL I. Appellant was denied due process by the trial court’s refusal to instruct the jury that the complainant’s screwdriver, which defense witnesses saw him use as a weapon, was a dangerous instrument under those circumstances. {People v Almond, 37 AD2d 571.) II. Appellant was denied due process by the trial court’s jury instructions which expressly disassociated the justification defense from the count charging criminal possession of a weapon in the second degree and by the court’s refusal to relate justification to that crime. {People v Hunter, 61 AD2d 990.) III. Appellant…
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant has been convicted after trial of assault, first degree (intentional assault), and criminal possession of a *129weapon, second degree, on an indictment which also charged him with attempted murder, second degree, and a second count of assault in the first degree (reckless assault). The reckless assault count was dismissed by the court during trial and the jury acquitted defendant of attempted murder. The charges arose out of a street altercation between defendant and William Roche which ended when defendant fired several pistol shots at Roche striking him…
2Cases cited12 opinions
- People v. MalloyNew York Court of Appeals · 1982
- People v. PenaNew York Court of Appeals · 1980
- People v. PadgettNew York Court of Appeals · 1983
- People v. SteeleNew York Court of Appeals · 1970
- People v. WilliamsNew York Court of Appeals · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by436 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. SteinbergNew York Court of Appeals · 1992
- People v. AhmedNew York Court of Appeals · 1985
- People v. McManusNew York Court of Appeals · 1986
- People v. PonsNew York Court of Appeals · 1986
431 more not listed; retrieve them via the Exa API.