People v. Albino

• Decision Date: 03 March 1980
• Citation: 425 N.Y.S.2d 172,74 A.D.2d 831
• Parties: The PEOPLE, etc., Respondent, v. Juan ALBINO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 172

425 N.Y.S.2d 172

74 A.D.2d 831

The PEOPLE, etc., Respondent, v. Juan ALBINO, Appellant.

Supreme Court, Appellate Division, Second Department.

March 3, 1980.

William E. Hellerstein, New York City (Alan S. Axelrod, New York City, of counsel), for appellant.

Eugene Gold, Dist. Atty., Brooklyn (Adrian Mecz, Asst. Dist. Atty., Brooklyn, of counsel), for respondent.

Before GIBBONS, J. P., and RABIN, GULOTTA and COHALAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 28, 1978, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant's claim that the court's charge to the jury that "It is a general rule that a person's actions reveal an expression of his mind. A person is presumed to intend the natural consequences of his acts", violates the rule set forth in Sandstrom v. Montana, --- U.S. ----, 99 S.Ct. 2450, 61 L.Ed.2d 39 is without merit, because a reading of the entire charge discloses that the matter of intent was left for the jury to decide based upon all of the evidence. This portion of the charge was made in connection with the attempted murder counts of which defendant was found not guilty. Defendant's guilt with respect to assault in the first degree was established beyond a reasonable doubt.