People v. Grant, 127 A.D.3d 990 (N.Y. App. Div. 2d Dep't 2015). · Go Syfert
People v. Grant, 127 A.D.3d 990 (N.Y. App. Div. 2d Dep't 2015). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Cited for
At page 991 Determining meaningful response to jury readback requests4 citing cases“is presumed to include cross-examination which impeaches the testimony to be read back”the opinion's own words at *991, quoted by 2 later opinions
  • People v. Dortch, 228 A.D.3d 1329 (N.Y. App. Div. 4th Dep't 2024).published
    A meaningful response to a request for a readback of testimony "is presumed to include cross-examination which impeaches the testimony to be read back" ( People v Grant , 127 AD3d 990, 991 [2d Dept 2015], lv denied 26 NY3d 968 [2015] [inte…
  • People v. Heimroth, 181 A.D.3d 967 (N.Y. App. Div. 3d Dep't 2020).published
    As such, under the circumstances of this case, the court's response was meaningful ( see People v Grant , 127 AD3d 990, 991 [2015], lv denied 26 NY3d 968 [2015]; see generally People v Almodovar , 62 NY2d 126, 131-132 [1984]).
  • People v. Joseph, 145 A.D.3d 916 (N.Y. App. Div. 2d Dep't 2016).published
    Pursuant to CPL 310.30, the trial court must respond meaningfully to any jury request or inquiry (see People v Almodovar, 62 NY2d 126, 131 [1984]; People v Malloy, 55 NY2d 296, 301 [1982]; People v Miller, 6 NY2d 152, 156 [1959]; People v…
  • People v. Paige, 134 A.D.3d 1048 (N.Y. App. Div. 2d Dep't 2015).published
    Contrary to the defendant’s further contention, the court’s interpretation of a jury request for a readback was reasonable, and its response meaningful (see CPL 310.30; People v Grant, 127 AD3d 990, 991 [2015]; People v Clark, 108 AD3d 797…
At page 990 Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered July 18, 2011, convicting him of attempted assault in…1 citing caseopening of page *990 (no citing court says what it cites this page for)
  • People v. Jackson, 150 A.D.3d 1025 (N.Y. App. Div. 2d Dep't 2017).published
    The court also providently exercised its discretion in giving an expanded readback of the testimony of a police detective in order to provide a complete response to the jury’s inquiry (s ee People v Malloy, 55 NY2d 296 [1982]; People v Gra…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Devante Grant, Appellant
2011-06652.
Appellate Division of the Supreme Court of the State of New York.
Apr 15, 2015.
Published opinion
127 A.D.3d 990
Leventhal, Hall, Austin, Maltese.
Cited by 9 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered July 18, 2011, convicting him of attempted assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Pursuant to CPL 310.30, the trial court must give a meaningful response to any jury request “for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury’s consideration of the case” (CPL[*991] 310.30; see People v Almodovar, 62 NY2d 126, 131-132 [1984]; People v Malloy, 55 NY2d 296, 302 [1982]; People v Nash, 83 AD3d 872 [2011]; People v Robinson, 78 AD3d 1204 [2010]). “A request for a reading of testimony generally is presumed to include cross-examination which impeaches the testimony to be read back” (People v Jones, 297 AD2d 256, 257 [2002] [citation omitted]; see People v Morris, 120 AD3d 835 [2014], lv granted 24 NY3d 1045 [2014]; People v Clark, 108 AD3d 797 [2013]; People v Lewis, 262 AD2d 584 [1999]).

Here, contrary to the defendant’s contention, the Supreme Court gave a meaningful response to the jury’s first written request during deliberations. The portions of the complainant’s testimony that were read back to the jury did not all favor the prosecution, but included some testimony favorable to the defendant, which had been emphasized by defense counsel during summation. Although cross-examination testimony was not included, there was no cross-examination testimony relevant to the matters requested by the jury (cf. People v Lewis, 262 AD2d at 584), and the defendant did not request that any cross-examination testimony be included in the readback (cf. People v Clark, 108 AD3d at 800). Moreover, contrary to the defendant’s contention, although the scope of the readback was somewhat broader than the jury’s specific request, the readback provided a complete response to the jury’s inquiry, and the defendant was not prejudiced by the additional portions (see People v Garcia, 56 AD3d 271 [2008]; People v Perez, 15 AD3d 284 [2005]). Finally, the jury did not request further readbacks, even though instructed that it could do so, indicating that the jury was satisfied with the Supreme Court’s response to its inquiry (see People v Martin, 71 AD3d 917 [2010], revd on other grounds 16 NY3d 607 [2011]; People v Deoleo, 295 AD2d 623 [2002]; People v Klimas, 259 AD2d 712 [1999]).

Leventhal, J.P., Hall, Austin and Maltese, JJ., concur.