People v. Blackwood,

CourtNew York Supreme Court Appellate Division
Citation2017 N.Y. Slip Op. 00941,147 A.D.3d 462,46 N.Y.S.3d 413 (Mem)
Decision Date07 February 2017
Parties The PEOPLE of the State of New York, Respondent, v. Evon BLACKWOOD, Defendant–Appellant.

147 A.D.3d 462
46 N.Y.S.3d 413 (Mem)
2017 N.Y. Slip Op. 00941

The PEOPLE of the State of New York, Respondent,
v.
Evon BLACKWOOD, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

Feb. 7, 2017.


Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered December 12, 2014, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of eight years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

As in People v. Velez, 131 A.D.3d 129, 13 N.Y.S.3d 354 (1st Dept.2015), the court's charge did not convey to the jury that an acquittal on the top count of attempted murder based on a finding of justification would preclude consideration of the other charges. We find that the error was not harmless, and that it warrants reversal in the interest of justice (see e.g. People v. Flores, 145 A.D.3d 568, 41 N.Y.S.3d 890 [1st Dept.2016] ; People v. Delin, 145 A.D.3d 566, 43 N.Y.S.3d 47 [1st Dept.2016] ).

In light of this determination, we find it unnecessary to reach any other issues.

FRIEDMAN, J.P., ANDRIAS, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.

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2 practice notes
  • Mariduena v. Pilalo, Index No. 22166/2017E
    • United States
    • United States State Supreme Court (New York)
    • March 9, 2020
    ...damages for her thoracic spine, left shoulder, and left hand, even though they do not satisfy the serious injury threshold (Bonilla, 147 A.D.3d at 462, citing Rubin., 71 A.D.3d at 549-550).Page 4 "90/180-day" injury and permanency With respect to Raul's "90/180-day" inju......
  • People v. Kareem
    • United States
    • New York Supreme Court Appellate Division
    • March 21, 2017
    ...charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v. Blackwood, 147 A.D.3d 462, 46 N.Y.S.3d 413 [1st Dept.2017] ; People v. Flores, 145 A.D.3d 568, 41 N.Y.S.3d 890 [1st Dept.2016] ). 48 N.Y.S.3d 898We have considered and reje......
2 cases
  • Mariduena v. Pilalo, Index No. 22166/2017E
    • United States
    • United States State Supreme Court (New York)
    • March 9, 2020
    ...damages for her thoracic spine, left shoulder, and left hand, even though they do not satisfy the serious injury threshold (Bonilla, 147 A.D.3d at 462, citing Rubin., 71 A.D.3d at 549-550).Page 4 "90/180-day" injury and permanency With respect to Raul's "90/180-day" inju......
  • People v. Kareem
    • United States
    • New York Supreme Court Appellate Division
    • March 21, 2017
    ...charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v. Blackwood, 147 A.D.3d 462, 46 N.Y.S.3d 413 [1st Dept.2017] ; People v. Flores, 145 A.D.3d 568, 41 N.Y.S.3d 890 [1st Dept.2016] ). 48 N.Y.S.3d 898We have considered and reje......

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