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People v. Peruche

243 A.D.2d 655 Court N.Y. App. Div. Decision date 1997-10-20 English

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p. 655
The People of the State of New York, Respondent, v Glenn Peruche, Appellant.
[668 NYS2d 893]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered May 14, 1996, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s claim, there was no error in fail

p. 656
ing to give a supplemental charge on the defense of justification in response to a jury note. In addition, the Supreme Court meaningfully responded to the jury request for a readback of the four counts of the indictment and the law applicable to these counts (see, People v Almodovar, 62 NY2d 126 ; People v Malloy, 55 NY2d 296 , 301-302, cert denied 459 US 847 ).

The defendant’s remaining contentions are without merit. Ritter, J. P., Friedmann, Krausman and McGinity, JJ., concur.

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