From Casetext: Smarter Legal Research

People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1990
168 A.D.2d 393 (N.Y. App. Div. 1990)

Opinion

December 27, 1990

Appeal from the Supreme Court, New York County, Frank Blangiardo, J., Clifford Scott, J.


Defendant's arguments that the court should have charged the jury that it could consider the victim's reputation for violence, prior assaults and threats, and should have given the "first blow" charge are not preserved. Nor did defendant raise the arguments he now raises as to the charge on justification, which is similarly unpreserved. (People v. Whalen, 59 N.Y.2d 273.)

Defendant's awareness at the time of the incident of the victim's violent behavior was relevant to his claim of justification (People v. Miller, 39 N.Y.2d 543, 552), and a charge to this effect would have been appropriate (People v. Le Mieux, 51 N.Y.2d 981, 982). However, reversal in the interest of justice is not warranted in the circumstances presented, since the charge as given furnished a thorough exposition of defendant's position with respect to justification and self-defense and the People's burden to disprove this contention beyond a reasonable doubt, and adequately advised the jury to consider defendant's knowledge of the victim's reputation and past acts. (Cf., People v. Dory, 59 N.Y.2d 121.)

We have considered the remaining arguments and find them to be without merit.

Concur — Kupferman, J.P., Carro, Asch and Wallach, JJ.


Summaries of

People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1990
168 A.D.2d 393 (N.Y. App. Div. 1990)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES POWELL, Appellant

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

Date published: Dec 27, 1990

Citations

168 A.D.2d 393 (N.Y. App. Div. 1990)
563 N.Y.S.2d 402

Citing Cases

Thomas v. Duncan

As the Second Circuit recently explained: See also, e.g., People v. Wesley, 76 N.Y.2d at 559, 561 N.Y.S.2d at…

People v. Punter

In any event, defendant's evasive answers were properly admitted as evidence of his consciousness of guilt (…