Legal Opinion

People v. Allen

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 1987PublishedCited by 4 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (McNab, J.), rendered April 11, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant neither objected to the trial court’s circumstantial evidence charge nor requested any further instruction with respect to the evaluation of circumstantial evidence, his claim that the charge was erroneous has not been preserved for appellate review (see, CPL 470.05 [2]; People v Hoke, 62 NY2d 1022; People v Shaw, 128 AD2d 817,…

2Cases cited5 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. KennedyNew York Court of Appeals · 1979
  3. People v. HokeNew York Court of Appeals · 1984
  4. People v. BandAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. ShawAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by4 opinions

  1. People v. GreerAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. DillonAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. PerthaAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. DoaneAppellate Division of the Supreme Court of the State of New York · 1991

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