PEOPLE v. ACOSTA


233 A.D.2d 199 (1996)

650 N.Y.S.2d 101

The People of the State of New York, Respondent, v. Juan Acosta, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 19, 1996


Defendant asserted that when the inebriated victim used a knife to facilitate a sexual assault upon a woman in the apartment, defendant grabbed the knife and stabbed him. This appeal focuses on two elements of the trial court's instructions to the jury, both the subject of timely objection.

On the question of criminal intent, the court charged that "actions speak louder than words * * * A person is presumed to cause what he engages in doing. A person is presumed to...

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