People v. Kareem

CourtNew York Supreme Court Appellate Division
Citation48 N.Y.S.3d 897 (Mem),148 A.D.3d 550
Decision Date21 March 2017
Parties The PEOPLE of the State of New York, Respondent, v. Kevin KAREEM, Defendant–Appellant.

148 A.D.3d 550
48 N.Y.S.3d 897 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Kevin KAREEM, Defendant–Appellant.

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

March 21, 2017.


Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered August 24, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 5 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 jury charge failed to convey that an acquittal on the top count of first-degree assault based on a finding of justification would preclude consideration of the remaining 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 898

We have considered and rejected the People's various arguments for affirmance.

Since we are ordering a new trial, we find it unnecessary to reach defendant's remaining contentions.

ACOSTA, J.P., RENWICK, MANZANET–DANIELS, WEBBER, GESMER, JJ., concur.

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3 practice notes
  • People v. Wah, 8503
    • United States
    • New York Supreme Court Appellate Division
    • April 23, 2019
    ...155 A.D.3d 506, 65 N.Y.S.3d 35 [1st Dept. 2017], lv dismissed 30 N.Y.3d 1119, 77 N.Y.S.3d 344, 101 N.E.3d 985 [2018] ; People v. Kareem , 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept. 2017] ; lv dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 [2017] ; People v. Delin , 145 A.D.3d 566,......
  • People v. Valentin
    • United States
    • New York Supreme Court Appellate Division
    • October 12, 2017
    ...of the issues raised but not determined.Upon remittitur, we find that defendant is entitled to a new trial. As in People v. Kareem, 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept 2017], lv. dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 (2017) and People v. Velez , 131 A.D.3d 129, 13 N......
  • People v. Santiago
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2017
    ...remaining charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v. Kareem, 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept.2017], lv. dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 [2017] ). We have considered and rejected th......
3 cases
  • People v. Wah, 8503
    • United States
    • New York Supreme Court Appellate Division
    • April 23, 2019
    ...155 A.D.3d 506, 65 N.Y.S.3d 35 [1st Dept. 2017], lv dismissed 30 N.Y.3d 1119, 77 N.Y.S.3d 344, 101 N.E.3d 985 [2018] ; People v. Kareem , 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept. 2017] ; lv dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 [2017] ; People v. Delin , 145 A.D.3d 566,......
  • People v. Valentin
    • United States
    • New York Supreme Court Appellate Division
    • October 12, 2017
    ...of the issues raised but not determined.Upon remittitur, we find that defendant is entitled to a new trial. As in People v. Kareem, 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept 2017], lv. dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 (2017) and People v. Velez , 131 A.D.3d 129, 13 N......
  • People v. Santiago
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2017
    ...remaining charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v. Kareem, 148 A.D.3d 550, 48 N.Y.S.3d 897 [1st Dept.2017], lv. dismissed 29 N.Y.3d 1033, 62 N.Y.S.3d 302, 84 N.E.3d 974 [2017] ). We have considered and rejected th......

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