PEOPLE v. MARSHALL

9013-6044/07, 9014.

106 A.D.3d 1 (2013)

961 N.Y.S.2d 447

2013 NY Slip Op 2032

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MARSHALL, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS MORRISSEY, Appellant.

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

Decided March 26, 2013.


Attorney(s) appearing for the Case

Cuti Heckler LLP, New York City ( John R. Cuti and Eric Hecker of counsel), and Warner Partners, PC, New York City ( Kenneth E. Warner and Rhett O. Millsaps, II , of counsel), for Anthony Marshall, appellant.

Law Offices of Thomas P. Puccio, New York City ( Thomas P. Puccio of counsel), and Davis & Gilbert LLP, New York City ( Paul F. Corcoran and Dominick R. Cromartie of counsel), and Schulte Roth & Zabel LLP, New York City ( William D. Zabel , Gary Stein and Frank J. LaSalle of counsel), for Francis Morrissey, appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Gina Mignola and Amyjane Rettew of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, DEGRASSE and RICHTER, JJ., concur.


OPINION OF THE COURT

CLARK, J.

The issues on this appeal are whether: (1) the verdicts on each count are supported by legally sufficient evidence and are in accord with the weight of the evidence; (2) the evidentiary rulings, prosecutorial conduct, and jury instructions were proper; (3) the court's response to a juror's note during deliberations was proper; and (4) the grand larceny count against defendant...

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