People v. Brown
Citation | 641 N.Y.S.2d 225,663 N.E.2d 1255,87 N.Y.2d 950 |
Parties | , 663 N.E.2d 1255 The PEOPLE of the State of New York, Respondent, v. Franklin B. BROWN, Appellant. |
Decision Date | 15 February 1996 |
Court | New York Court of Appeals |
The order of the Appellate Division, 216 A.D.2d 904, 628 N.Y.S.2d 982, should be modified by vacating the conviction of burglary in the third degree and remitting to County Court, Onondaga County, for a new trial on that count, and, as so modified, affirmed.
Defendant was charged with burglary in the third degree and other crimes stemming from his entry into a service station at about 2:00 A.M. and theft of money from the cash register. At trial, defendant testified that he entered the service station solely with the intent to find the hose that was missing from the outdoor air compressor so that he could fill the slowly-leaking tire of the bicycle that he was riding. According to defendant, while searching for the hose, he encountered the open cash register drawer and, only then decided to take the money it contained. The trial court properly instructed the jury on the legal principle that the crime of burglary is committed when a person knowingly and unlawfully enters a building with the contemporaneous intent to commit a crime therein (see, People v. Gaines, 74 N.Y.2d 358, 362, 547 N.Y.S.2d 620, 546 N.E.2d 913). During deliberations, however, the jury sent out the following query: The court responded to the note by stating, over defense objection: (emphasis added).
Through its responsive instruction, the court erroneously indicated that it was within the jury's province to determine whether temporary use of the air hose was a crime--a question of law reserved...
To continue reading
Request your trial-
People v. Lamb
...Accordingly, defendant's sex trafficking convictions should be vacated, and a new trial held on those counts (see People v. Brown , 87 N.Y.2d 950, 951, 641 N.Y.S.2d 225, 663 N.E.2d 1255 [1996] ).The trial court's error in the supplemental instruction was unrelated to defendant's remaining c......
-
People v. Lamb
...defendant's sex trafficking convictions should be vacated, and a new trial held on those counts (see People v. Brown , 87 N.Y.2d 950, 951, 641 N.Y.S.2d 225, 663 N.E.2d 1255 [1996] ).The trial court's error in the supplemental instruction was unrelated to defendant's remaining conviction for......
-
People v. Simmons
...despite the defendant's objection, did not make this distinction for the jury. Since this error was not harmless ( cf. People v. Brown, 87 N.Y.2d 950, 951, 641 N.Y.S.2d 225, 663 N.E.2d 1255; People v. Cahill, 2 N.Y.3d at 64-65, 777 N.Y.S.2d 332, 809 N.E.2d 561; see generally People v. Brian......
- Harry Kuskin 2008 Irrevocable Tr. v. PNC Fin. Grp.