People v. Hackney

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered January 19, 2000, convicting him of rape in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not object to the court’s omitting from its charge to the jury the caveat under Penal Law 130.30 that an actor is not guilty of rape in the second degree if he or she is married to the underaged victim. A claim that the court neglected to charge a necessary element of a crime is not exempt from the requirement of preservation (see e.g.…