PEOPLE v. SANTANA


300 A.D.2d 19 (2002)

749 N.Y.S.2d 872

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUSTAVO SANTANA, Appellant.

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

Decided December 3, 2002.


In its charge, the court properly referred to an object used by defendant as a "sharpened metal object" since that description comported with the testimony of both defendant and the People's witnesses. The court properly instructed the jury on the elements of each of the crimes charged, and the People's obligation to prove each of them beyond a reasonable doubt, and the court's description of the object did not remove any issue from the jury's consideration (see People...

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