People v. Tadic

Because defense counsel did not alert the trial court that it had not instructed the jury with regard to limiting its deliberations to the operability of the weapon at the time of the incident, as the court had indicated it would at the precharge conference, the court was prevented from rectifying the error and the defendant must be deemed to have waived any objection to the instruction provided (see, People v Whalen, 59 NY2d 273). In any event, the evidence of the defendant’s possession of a weapon at the time of the incident and its operability was overwhelming and, therefore, any error in…