People v. Silvels
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s challenges to the jury instructions are unpreserved for appellate review (see, CPL 470.05 [2]; People v Jones, 55 NY2d 771, 773; People v Wynn, 200 AD2d 645, 646). In any event, the charge as a whole properly instructed the *528jury regarding the burden of proof and the concept of reasonable doubt (see, People v Benjamin, 210 AD2d 418, 419).
Moreover, the sentence was not excessive (see, People v Suitte, 90 AD2d 80). Mangano, P. J., Rosenblatt, Ritter and Copertino, JJ., concur.
2Cases cited4 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. JonesNew York Court of Appeals · 1981
- People v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WynnAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- People v. SilvelsAppellate Division of the Supreme Court of the State of New York · 2004