| People v Simmons |
| 2010 NY Slip Op 05604 [15 NY3d 728] |
| June 24, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 25, 2010 |
| The People of the State of New York, Respondent, v Paris Simmons, Appellant. |
Argued June 3, 2010; decided June 24, 2010
People v Simmons, 66 AD3d 292, affirmed.
APPEARANCES OF COUNSEL
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.
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 [*2]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 court conveyed the proper legal standards and repeatedly advised the jury that it was the exclusive arbiter of the facts.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed in a memorandum.