2010 NY Int. 126

This opinion is uncorrected and subject to revision before publication in the Official Reports.

2010 NY Slip Op 05604

Decided on June 24, 2010

No. 135

The People & c., Respondent,

v

Paris Simmons, Appellant.

Valerie A. Koffman, for appellant.

Aaron M. Ginandes, 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 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.

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Order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided June 24, 2010