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PEOPLE v. SIMMONS

No. 135

15 N.Y.3d 728 (2010)

931 N.E.2d 1053

905 N.Y.S.2d 797

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PARIS SIMMONS, Appellant.

Court of Appeals of New York.

Decided June 24, 2010.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Valerie A. Koffman , Richard M. Greenberg and Joseph M. Nursey of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Aaron Ginandes and Grace Vee of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although certain phrases in the trial court's supplemental instruction were inartfully worded, we are unpersuaded that the trial court's response to a jury note, which inquired about the element of intent, usurped the role of the jurors. Viewing the problematic language in the broader context of the supplemental instruction and the jury charge as a whole, the...

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