People v. Creech

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, defendant’s conviction reinstated, and the case remitted to that court to decide whether it be appropriate to consider the question within the exercise of its discretion and to consider questions of fact. (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d].)

Inasmuch as there was no objection at trial to the failure to charge on the presumption of innocence, the Appellate Division’s holding, that the omission in the charge necessitated a reversal of the conviction as a matter of law, was error requiring…