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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47099 Judge Harris DEFENDANT MOVED to set aside his conviction for third-degree assault and second-degree harassment. Citing the Appellate Division, First Department’s decision in People v. Zlochevsky, he argued that the court’s failure to re-instruct the jury on his justification defense – in response to the jury’s note for further instruction on the charges – constituted prejudicial error requiring reversal by an appellate court. Distinguishing Zlochevsky, the court found that the circumstances resembled those in People v. Almodovar, where the Court of Appeals held that a court must meaningfully respond to a jury’s inquiries. Noting that it reminded the jury that defendant could not be found guilty if it found that defendant acted with justification and that the jurors were told that they should send a note if they required additional information, the court concluded that defendant was not prejudiced by its refusal to re-read the entire justification instruction and that its refusal to do so would not require a reversal of conviction.

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