People v. Knight
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for review his contention that the court’s instruction on intoxication was improper. We decline to reach the issue in the interest of justice because the charge as given, contrary to defendant’s argument, was a correct statement of the law and did not impermissibly shift the burden of proof to the defendant.
Defendant also failed to object to the court’s charge on flight. Although the charge did not specifically mention that evidence of flight is of limited value (see, People v Yazum, 13 NY2d 302, 304, rearg denied 15…
2Cases cited4 opinions
- People v. YazumNew York Court of Appeals · 1963
- People v. FinkNew York Court of Appeals · 1965
- People v. AtsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BuggsAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by3 opinions
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ElmoreAppellate Division of the Supreme Court of the State of New York · 1997
- George v. LordDistrict Court, E.D. New York · 2004