People v. Macon, 11765

CourtNew York Supreme Court Appellate Division
Citation186 A.D.3d 430,129 N.Y.S.3d 58
Docket NumberInd. 1139/14,11765
Parties The PEOPLE of the State of New York, Respondent, v. Lamont MACON, Defendant–Appellant.
Decision Date13 August 2020

186 A.D.3d 430
129 N.Y.S.3d 58

The PEOPLE of the State of New York, Respondent,
v.
Lamont MACON, Defendant–Appellant.

11765
Ind. 1139/14

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

ENTERED: AUGUST 13, 2020


129 N.Y.S.3d 59

Christina A. Swarns, Office of the Appellate Defender, New York (Emma L. Shreefter of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Jennifer L. Watson of counsel), for respondent.

Manzanet–Daniels, J.P., Gische, Kern, Oing, Gonza´lez, JJ.

186 A.D.3d 430

Judgment, Supreme Court, Bronx County (Lester B. Adler, J.), rendered June 7, 2016, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

Defendant allegedly stabbed the mother of his two children, her daughter and her cousin. Defendant was charged, inter alia, with three counts of attempted second-degree murder, two counts of second-degree assault and one count of first-degree assault. The jury acquitted defendant of every charge except one count of second-degree assault, a lesser included offense.

On appeal, defendant challenges the court's instructions and the verdict sheet on the ground that they failed to convey that an acquittal on the top count based on a justification defense necessitated an acquittal of the lesser count.

Where justification is a central issue at trial, the court's instructions, as a whole, must convey that acquittal of a greater charge precludes consideration of lesser offenses that are based on the same conduct ( People v. Velez, 131 A.D.3d 129, 130, 13 N.Y.S.3d 354 [1st Dept. 2015] ). In other words, if a jury finds a defendant not guilty of the top count on a justification defense, deliberations should cease.

The trial court charged the jury, stating in pertinent part, "(I)f you find the defendant not guilty of count two, attempt to commit the crime of Murder in the Second Degree ... because the People have failed to prove beyond a reasonable doubt that the defendant was not justified, then don't deliberate on count

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8 practice notes
  • People v. Gomez, 11570
    • United States
    • New York Supreme Court Appellate Division
    • August 13, 2020
    ...plea or sentencing court that he or she advised the defendant as to the possible immigration consequences of the plea when, in fact, the 186 A.D.3d 430 defendant faced mandatory deportation ( People v. Disla, 173 A.D.3d at 556, 103 N.Y.S.3d 400 ; People v. Johnson, 177 A.D.3d at 485, 114 N.......
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 27, 2021
    ...and the previous decisions of the Appellate Divisions in Brooks and Palmer , as well as White , Barreto , Davis , and People v. Macon , 186 A.D.3d 430, 431, 129 N.Y.S.3d 58 (1st Dep't 2020), leave denied 35 N.Y.3d 1114, 133 N.Y.S.3d 530, 158 N.E.3d 547 (2020). The language in Barreto is apt......
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 27, 2021
    ...and the previous decisions of the Appellate Divisions in Brooks and Palmer, as well as White, Barreto, Davis, and People v. Macon, 186 A.D.3d 430, 431 (1st Dep't 2020), leave denied 35 N.Y.3d 1114 (2020). The language in Barreto is apt and worth repeating: “the justification charge, viewed ......
  • People v. Francis, 12115
    • United States
    • New York Supreme Court Appellate Division
    • October 20, 2020
    ...charge regarding the defense of justification is unpreserved, and we decline to review it in the interest of justice ( People v. Macon, 186 A.D.3d 430, 129 N.Y.S.3d 58 [1st Dept. 2020] ; People v. Davis, 176 A.D.3d 634, 635, 109 N.Y.S.3d 222 [1st Dept. 2019], lv denied 34 N.Y.3d 1157, 120 N......
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8 cases
  • People v. Gomez, 11570
    • United States
    • New York Supreme Court Appellate Division
    • August 13, 2020
    ...plea or sentencing court that he or she advised the defendant as to the possible immigration consequences of the plea when, in fact, the 186 A.D.3d 430 defendant faced mandatory deportation ( People v. Disla, 173 A.D.3d at 556, 103 N.Y.S.3d 400 ; People v. Johnson, 177 A.D.3d at 485, 114 N.......
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 27, 2021
    ...and the previous decisions of the Appellate Divisions in Brooks and Palmer , as well as White , Barreto , Davis , and People v. Macon , 186 A.D.3d 430, 431, 129 N.Y.S.3d 58 (1st Dep't 2020), leave denied 35 N.Y.3d 1114, 133 N.Y.S.3d 530, 158 N.E.3d 547 (2020). The language in Barreto is apt......
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 27, 2021
    ...and the previous decisions of the Appellate Divisions in Brooks and Palmer, as well as White, Barreto, Davis, and People v. Macon, 186 A.D.3d 430, 431 (1st Dep't 2020), leave denied 35 N.Y.3d 1114 (2020). The language in Barreto is apt and worth repeating: “the justification charge, viewed ......
  • People v. Francis, 12115
    • United States
    • New York Supreme Court Appellate Division
    • October 20, 2020
    ...charge regarding the defense of justification is unpreserved, and we decline to review it in the interest of justice ( People v. Macon, 186 A.D.3d 430, 129 N.Y.S.3d 58 [1st Dept. 2020] ; People v. Davis, 176 A.D.3d 634, 635, 109 N.Y.S.3d 222 [1st Dept. 2019], lv denied 34 N.Y.3d 1157, 120 N......
  • Request a trial to view additional results

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