People v. Vercruysse
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Since defendant failed to except to the court’s charge as given, his claims that the court failed to marshal the evidence adequately and that it improperly instructed the jury were not preserved for our review as a matter of law (CPL 470.05 [2]), and we decline to exercise our discretion to reverse the conviction in "the interest of justice” (CPL 470.15 [3] [c]; see, People v Peoples, 117 AD2d 977, 978).
Contrary to defendant’s claim, the owner of the stolen vehicle and the assistant chief of the police department both testified that the…
2Cases cited2 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1986