People v. Brown

• Court: New York Court of Appeals Court of Appeals
• Citation: People v. Brown, 860 N.E.2d 55, 7 N.Y.3d 880, 826 N.Y.S.2d 595 (N.Y. 2006)
• Decision Date: 20 November 2006
• Parties: The PEOPLE of the State of New York, Respondent, v. Alan BROWN, Appellant.

Page 55

860 N.E.2d 55

7 N.Y.3d 880

The PEOPLE of the State of New York, Respondent, v. Alan BROWN, Appellant.

Court of Appeals of New York.

November 20, 2006.

Legal Aid Society, New York City (Lorca Morello and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Richard L. Sullivan and Sandra E. Cavazos of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with robbery in the third degree and criminal possession of stolen property in the fifth degree, for having forcibly stolen two bottles of body wash from a pharmacy. Complainant, a security officer employed by the store, testified at trial that he observed defendant remove the bottles from a shelf, conceal them in his pants and attempt to leave the store. He further testified that when he tried to stop defendant from leaving the store with the items, defendant punched him twice in the jaw and shoved him against a wall. Defendant was ultimately convicted of robbery in the third degree and sentenced, as a second felony offender, to a term of 2½ to 5 years.

Defendant contends that the trial court erred by prematurely instructing potential jurors during voir dire on the elements of the crimes for which he was on trial. Contrary to defendant's contention, the trial court, by instructing the jury at the outset as to the elements of the crimes, did not commit a "mode of proceedings" error that went to the essential validity of the process and was so...