Legal Opinion

People v. Cuffee

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 2009Published

1Opinion of the Court

Judgment, j Supreme Court, Bronx County (Margaret Clancy, J.), rendered January 28, 2008 convicting defendant, after a jury trial, of assault in *544the second degree, and sentencing her to a term of 20 days, with five years’ probation, unanimously affirmed.

Defendant’s challenge to the court’s reasonable doubt charge is of a type that requires preservation (see People v Thomas, 50 NY2d 467, 472 [1980]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find no basis for reversal. The instruction was not constitutionally deficient, because it…

2Cases cited2 opinions

  1. People v. ThomasNew York Court of Appeals · 1980
  2. People v. BonillaAppellate Division of the Supreme Court of the State of New York · 2008

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