People v. Perry

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered December 19, 1994, convicting defendant, after a jury trial, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

The court’s refusal to instruct the jury on how to treat evidence of flight was proper in view of the proof adduced. The court properly declined to give a "two-inference” charge that had the potential for confusing the jury as to the burden of proof. Defendant not having testified, the court also properly excluded evidence…