Torts · MBE-tested

The People of the State of New York, Respondent, v. Glenn Peruche, Appellant

243 A.D.2d 655668 N.Y.S.2d 893·New York Supreme Court, Appellate Division·1997·NY

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Opinion

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