From Casetext: Smarter Legal Research

People v. Woods

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 332 (N.Y. App. Div. 2000)

Opinion

August 7, 2000.


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jones, J.), rendered April 17, 1997, convicting him of attempted murder in the second degree, assault in the first degree, assault in the second degree (two counts), criminal possession of a weapon in the second degree (two counts), and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree as to the victim Ethel W., vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant' conviction of assault in the second degree with respect to Ethel W. is dismissed as a lesser-included offense of his conviction of assault in the first degree ( see, Penal Law § 120.05; § 120.10 [1]; CPL 300.30; People v. Cantarero, 248 A.D.2d 481).

It was not error for the court to replace a sworn juror just prior to the onset of deliberations, after determining that her upcoming travel plans would interfere with her ability to concentrate and deliberate in a way that was fair to both sides ( see, People v. Page, 72 N.Y.2d 69; People v. Bowers, 210 A.D.2d 795, 797).

The defendant's request for a missing witness charge, made after the People rested, was untimely ( see, People v. Flores, 255 A.D.2d 394).

The defendant's remaining contentions are without merit.

Krausman, J.P., Goldstein, Feuerstein and Smith, JJ., concur.


Summaries of

People v. Woods

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 332 (N.Y. App. Div. 2000)
Case details for

People v. Woods

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WOODS, Appellant

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

Date published: Aug 7, 2000

Citations

275 A.D.2d 332 (N.Y. App. Div. 2000)
712 N.Y.S.2d 407

Citing Cases

People v. Woods

DECISION & ORDERApplication by the appellant for a writ of error coram nobis to vacate, on the ground of…

People v. Smith

The defendant's request for a missing witness charge as to three police officers was untimely ( see People v…