People v. Chase
| Decision Date | 25 March 1996 |
| Parties | The PEOPLE, etc., Respondent, v. Carnell CHASE a/k/a Majied Muhammad, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Lennox S. Hinds, New York City (Katherine Lusby, of counsel and on the brief), for appellant.
Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie, Robin A. Forshaw, and Young C. Lee, of counsel), for respondent.
Before BALLETTA, J.P., and SULLIVAN, JOY and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered June 29, 1995, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50(5).
The defendant was convicted of assault in the second degree arising out of an incident during which he pushed a police officer into the path of an oncoming car at Kennedy Airport. The police officer, who was struck by the car, sustained injuries to his neck and back. During the jury deliberations, the jury sent a note to the court asking whether "the lack of corroboration (witnesses) constitute [sic] a reasonable doubt". The defendant requested that the court reread the reasonable doubt charge, but the court responded to the note with its own answer: "there's no legal requirement that any witness's testimony be corroborated in order to satisfy the People's burden". The court also told the jurors that if this response was insufficient, they should feel free to request further instruction.
Given the straightforward nature of both the inquiry and the response, and the fact that the jury did not ask for further instruction, the court's response to the note was meaningful and does not require reversal (see, CPL 310.30; People v. Malloy, 55 N.Y.2d 296, 449 N.Y.S.2d 168, 434 N.E.2d 237, cert. denied 459 U.S. 847, 103 S.Ct. 104, 74 L.Ed.2d 93).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
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...v. Mattison, 162 A.D.3d 905, 907, 79 N.Y.S.3d 274 ; see People v. Wilkinson, 192 A.D.3d 708, 139 N.Y.S.3d 835 ; People v. Chase, 225 A.D.2d 789, 790, 639 N.Y.S.2d 853 ). Another jury note requested that the Supreme Court read from a document that was not in evidence. The court informed the ......
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... ... Moreover, after the court's response, "the jurors ... gave no indication that their concern had not been ... satisfied" (People v Mattison, 162 A.D.3d 905, ... 907; see People v Wilkinson, 192 A.D.3d 708; ... People v Chase, 225 A.D.2d 789, 790) ... Another ... jury note requested that the Supreme Court read from a ... document that was not in evidence. The court informed the ... jury that the document was not in evidence and not to ... speculate as to it. Contrary to the ... ...
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... ... Moreover, after the court's response, "the jurors ... gave no indication that their concern had not been ... satisfied" (People v Mattison, 162 A.D.3d 905, ... 907; see People v Wilkinson, 192 A.D.3d 708; ... People v Chase, 225 A.D.2d 789, 790) ... Another ... jury note requested that the Supreme Court read from a ... document that was not in evidence. The court informed the ... jury that the document was not in evidence and not to ... speculate as to it. Contrary to the ... ...