Legal Opinion
People v. Alston
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 1995PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered May 13, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 Vi to 11 years, unanimously affirmed.
Since defendant never requested an agency charge at trial, *109his claim that such should have been given is unpreserved for appellate review as a matter of law (People v Gibbons, 156 AD2d 263, Iv denied 75 NY2d 919), and we decline to review it in the interest of justice. If we were to review it, we would…
2Cases cited5 opinions
- People v. RocheNew York Court of Appeals · 1978
- People v. HerringNew York Court of Appeals · 1994
- People v. TentionAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TrinidadAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by8 opinions
- People v. BrimberryAppellate Division of the Supreme Court of the State of New York · 1997
- People v. AndinoAppellate Division of the Supreme Court of the State of New York · 2002
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1996
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