Legal Opinion
People v. Andujar
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 1992PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered June 7, 1989, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
By failing to object to the court’s failure to charge the jury on the lesser included offense of assault in the second degree, the defendant waived his objection to the charge as given and, therefore, his claim of error is not preserved for appellate review (CPL 300.50 [1]; People v Hunter, 141 AD2d 847; People v Charles, 111 AD2d 405).
The defendant…
2Cases cited6 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BaldiNew York Court of Appeals · 1981
- People v. RiveraNew York Court of Appeals · 1988
- People v. BadiaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CharlesAppellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HylandAppellate Division of the Supreme Court of the State of New York · 2007
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2024
- People v. ParnellAppellate Terms of the Supreme Court of New York · 2011