People v. Marilla

This court has several times held — contrary to the view expressed in People v. Light (285 App. Div. 496) — that a defendant, prosecuted by indictment, may not on appeal avail himself of the trial court’s alleged failure to comply with section 433 of the Code of Criminal Procedure if he did not call such omission to the court’s attention. (See, e.g., People v. Manfredi, 1 N Y 2d 743; People v. Baumgart, 5 N Y 2d 874; see, also, People ex rel. Meers v. Martin, 4 N Y 2d 898.) The rationale underlying these decisions is that, if the defendant had alerted the trial judge to the possibility that a…