People v. Humphrey, 109 A.D.3d 1173 (N.Y. App. Div. 2013). · Go Syfert
People v. Humphrey, 109 A.D.3d 1173 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Anderson v. Lee (nyed, 2020-08-26)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Anderson v. Lee
E.D.N.Y · 2020 · confidence medium
Mere speculation that a jury may discern something sinister about a defendant’s behavior does not render such behavior an uncharged crime.” Id. at 1174 , 971 N.Y.S.2d at 633 (colatus).
discussed Cited as authority (rule) People v. Atkinson
N.Y. App. Div. · 2020 · confidence medium
Defendant also failed to preserve for our review his contention that the court abused its discretion in allowing the victim to testify in rebuttal with respect to collateral matters ( see People v Humphrey , 109 AD3d 1173 , 1174 [4th Dept 2013], lv denied 24 NY3d 1044 [2014]; People v Comerford , 70 AD3d 1305, 1305-1306 [4th Dept 2010]) and, given the innocuous nature of the victim's rebuttal testimony, we decline to exercise our power to review the contention as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]; Humphrey , 109 AD3d at 1174).
discussed Cited as authority (rule) People v. Ford (2×) also: Cited "see"
N.Y. App. Div. · 2014 · confidence medium
Defendant failed to preserve for our review his challenge to Supreme Court’s justification charge (see CPL 470.05 [2]) and, in any event, we conclude that “the justification charge, viewed in its entirety, was a correct statement of the law” (People v Humphrey, 109 AD3d 1173, 1175 [2013] [internal quotation marks omitted]; see People v Johnson, 103 AD3d 1226, 1226 [2013], lv denied 21 NY3d 944 [2013]; People v Poles, 70 AD3d 1402, 1403 [2010], lv denied 15 NY3d 808 [2010]).
discussed Cited as authority (rule) People v. Ford (2×) also: Cited "see"
N.Y. App. Div. · 2014 · confidence medium
Defendant failed to preserve for our review his challenge to Supreme Court’s justification charge (see CPL 470.05 [2]) and, in any event, we conclude that “the justification charge, viewed in its entirety, was a correct statement of the law” (People v Humphrey, 109 AD3d 1173, 1175 [2013] [internal quotation marks omitted]; see People v Johnson, 103 AD3d 1226, 1226 [2013], lv denied 21 NY3d 944 [2013]; People v Poles, 70 AD3d 1402, 1403 [2010], lv denied 15 NY3d 808 [2010]).
discussed Cited as authority (rule) FORD, ERIC L., PEOPLE v (2×) also: Cited "see"
N.Y. App. Div. · 2014 · confidence medium
Defendant failed to preserve for our review his challenge to Supreme Court’s justification charge (see CPL 470.05 [2]) and, in any event, we conclude that “the justification charge, viewed in its entirety, was a correct statement of the law” (People v Humphrey, 109 AD3d 1173, 1175 [internal quotation marks omitted]; see People v Johnson, 103 AD3d 1226, 1226 , lv denied 21 NY3d 944 ; People v Poles, 70 AD3d 1402, 1403 , lv denied 15 NY3d 808 ).
discussed Cited "see" People v. Walker
N.Y. App. Div. · 2014 · signal: see · confidence high
With that language, “the court’s justification charge adequately conveyed to the jury that defendant could be justified in the use of deadly physical force to defend himself [or another] against deadly physical force initiated by” the victim (McWilliams, 48 AD3d at 1267 ; see People v Humphrey, 109 AD3d 1173, 1174-1175 [2013]).
discussed Cited "see" WALKER, CHRISTOPHER E., PEOPLE v
N.Y. App. Div. · 2014 · signal: see · confidence high
With that language, “the court’s justification charge adequately conveyed to the jury that defendant could be justified in the use of deadly physical force to defend himself [or -2- 7 KA 08-01206 another] against deadly physical force initiated by” the victim (McWilliams, 48 AD3d at 1267 ; see People v Humphrey, 109 AD3d 1173, 1174-1175 ).
discussed Cited "see" People v. Walker
N.Y. App. Div. · 2014 · signal: see · confidence high
With that language, “the court’s justification charge adequately conveyed to the jury that defendant could be justified in the use of deadly physical force to defend himself [or another] against deadly physical force initiated by” the victim (McWilliams, 48 AD3d at 1267 ; see People v Humphrey, 109 AD3d 1173, 1174-1175 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Donovan Humphrey
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2013.
109 A.D.3d 1173
Cited by 8 opinions  |  Published

[*1174] Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered August 27, 2008. The judgment convicted defendant, upon a jury verdict, of manslaughter in the second degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the second degree (Penal Law § 125.15 [1]) and assault in the second degree (§ 120.05 [2]). Defendant failed to preserve for our review his contention that Supreme Court erred in permitting the People to introduce evidence of a prior uncharged crime inasmuch as he never objected to the evidence on that ground (see People v Nappi, 83 AD3d 1592, 1594 [2011], lv denied 17 NY3d 820 [2011]). In any event, that contention is without merit. Photographs of defendant holding what appeared to be a rifle “[are] not evidence of an uncharged crime absent further proof that his possession of th[at] item[ ] was illegal” (People v Hucks, 292 AD2d 833, 833 [2002], lv denied 98 NY2d 697 [2002]; see generally People v Hillard, 79 AD3d 1757, 1758 [2010], lv denied 17 NY3d 796 [2011]). “[M]ere speculation that a jury may discern something sinister about a defendant’s behavior does not render such behavior an uncharged crime” (Hucks, 292 AD2d at 833).

Defendant failed to preserve for our review his contention that the court erred in allowing the People to present rebuttal testimony on an allegedly collateral matter inasmuch as he failed to object to such testimony at trial (see People v Comerford, 70 AD3d 1305, 1305-1306 [2010]; People v Clabeaux, 277 AD2d 988, 988 [2000], lv denied 96 NY2d 781 [2001]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Defendant likewise failed to preserve for our review his challenge to the jury charge with respect to his justification defense (see People v Johnson, 103 AD3d 1226, 1226 [2013], lv denied 21 NY3d 944 [2013]; People v Poles, 70 AD3d 1402, 1403 [2010], lv denied 15 NY3d 808 [2010]; People v McWilliams, 48 AD3d 1266, 1267 [2008], lv denied 10 NY3d 961 [2008]). In any event, we conclude that the court’s justification charge does not require reversal. “[Djespite the absence of the word ‘deadly’ from that part of the court’s charge defining the term initial aggressor, the court’s justification charge adequately conveyed to the jury that defend[*1175] ant could be justified in the use of deadly physical force to defend himself against deadly physical force initiated by [others]. Thus, the justification charge, viewed in its entirety, was ‘a correct statement of the law’ ” (McWilliams, 48 AD3d at 1267, quoting People v Coleman, 70 NY2d 817, 819 [1987]). Finally, “[b]ecause the court did not erroneously instruct the jury regarding justification, defense counsel was not ineffective for failing to object to that charge” (Johnson, 103 AD3d at 1226). Present — Smith, J.R, Peradotto, Garni and Lindley, JJ.