People v. Coleman

Decision Date12 November 1987
Citation70 N.Y.2d 817,523 N.Y.S.2d 433,517 N.E.2d 1319
Parties, 517 N.E.2d 1319 The PEOPLE of the State of New York, Respondent, v. Preston COLEMAN, Appellant.
CourtNew York Court of Appeals Court of Appeals
[517 N.E.2d 1320] Steven J. Cohen and Philip L. Weinstein, New York City, for appellant.
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 125 A.D.2d 1011, 509 N.Y.S.2d 443, should be affirmed.

Appellant was convicted after a jury trial of manslaughter in the first degree (Penal Law § 125.20[1] ) and criminal possession of a weapon in the second degree (Penal Law § 265.03). The only issue raised on this appeal is whether the trial court's charge on the issue of causation deprived defendant of a fair trial. Defendant contends that two isolated remarks made by the trial court, during its instructions, one of them unpreserved, removed from the jury the factual question of whether the shooting caused the death of Raul Melendes. Taken out of context, it is possible to find error in the court's comments. When its instructions are viewed in their entirety, however, the charge was unquestionably a correct statement of the law and reserved the question of causation to the jury and upon our review of the record, there is no basis for concluding that the jury could not follow the court's instructions (see, People v. Adams, 69 N.Y.2d 805, 806, 513 N.Y.S.2d 381, 505 N.E.2d 946; People v. Goodfriend, 64 N.Y.2d 695, 697, 485 N.Y.S.2d 519, 474 N.E.2d 1187; People v. Canty, 60 N.Y.2d 830, 832, 469 N.Y.S.2d 693, 457 N.E.2d 800).

WACHTLER, C.J., and SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK and BELLACOSA, JJ., concur.

Order affirmed in a memorandum.

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  • People v. Foss
    • United States
    • New York Supreme Court — Appellate Division
    • December 2, 1999
    ...and ultimately prejudicial instruction on causation. We believe that when viewed in their entirety (see, People v. Coleman, 70 N.Y.2d 817, 819, 523 N.Y.S.2d 433, 517 N.E.2d 1319), the court's instructions adequately conveyed the appropriate legal While we agree with defendant's assertion th......
  • Jamison v. Bradt
    • United States
    • U.S. District Court — Western District of New York
    • July 12, 2011
    ...v. Register), there was no basis for trial counsel to object. T.T. 695-699; Policano v. Herbert, 7 N.Y.3d 588 (2007); People v. Coleman, 70 N.Y.2d 817, 819 (1987). Accordingly, it was not unreasonable for appellate counsel not to have raised this non-meritorious issue on direct appeal. Peti......
  • People v. McCallum
    • United States
    • New York Supreme Court — Appellate Division
    • June 15, 2012
    ...( People v. Horn, 217 A.D.2d 406, 406, 629 N.Y.S.2d 453,lv. denied86 N.Y.2d 843, 634 N.Y.S.2d 452, 658 N.E.2d 230;see People v. Coleman, 70 N.Y.2d 817, 819, 523 N.Y.S.2d 433, 517 N.E.2d 1319). In addition, the court properly refused to charge criminally negligent homicide as a lesser includ......
  • People v. Davis, 2014–00099
    • United States
    • New York Supreme Court — Appellate Division
    • April 17, 2019
    ...trial court's charge, viewed in its entirety, adequately conveyed the appropriate standards to the jury (see People v. Coleman, 70 N.Y.2d 817, 523 N.Y.S.2d 433, 517 N.E.2d 1319 ; People v. Battle, 73 A.D.3d 939, 899 N.Y.S.2d 878 ; People v. Joseph, 253 A.D.2d 529, 676 N.Y.S.2d 880 ).Defense......
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