People v. Salamone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*962Contrary to the defendant’s contention, the County Court did not err in refusing to instruct the jury with a specific charge on the mistake of fact defense since the court’s instructions on the elements of burglary in the third degree and grand larceny in the third and fourth degrees adequately covered the defense theory (see People v Williams, 81 NY2d 303, 316-317 [1993]; People v Kowalewski, 39 AD3d 770, 771 [2007]; People v Grimaldi, 6 AD3d 722, 722-723 [2004]; People v Storms, 2 AD3d 757, 757 [2003]; People v Banks, 248 AD2d 183, 183 [1998]). The defendant’s contention that he was…
2Cases cited21 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BeneventoNew York Court of Appeals · 1998
- People v. WilliamsNew York Court of Appeals · 1993
- People v. TaylorNew York Court of Appeals · 1992
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3Cited by2 opinions
- People v. TiemanAppellate Division of the Supreme Court of the State of New York · 2013
- People v. TiemanAppellate Division of the Supreme Court of the State of New York · 2013