Legal Opinion

People v. Cooley

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

Decided January 7, 2010PublishedCited by 5 opinions

1Opinion of the CourtRose, J.

Defendant’s sole contention on appeal from her conviction of two counts of felony driving while intoxicated and a traffic violation is that County Court was required, but failed, to give the jury a circumstantial evidence instruction. This issue is not preserved for our review, however, because the defense neither requested such a charge nor objected to its omission from the jury instructions (see People v Ryan, 46 AD3d 1125, 1127-1128 [2007], Iv denied 10 NY3d 939 [2008]; People v Stanton, 21 AD3d 576, 577 [2005]; People v Wallace, 8 AD3d 753, 756 [2004], lv denied 3 NY3d 682 [2004]; see…

2Cases cited6 opinions

  1. People v. DaddonaNew York Court of Appeals · 1993
  2. People v. CasperAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. RyanAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. StrussAppellate Division of the Supreme Court of the State of New York · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. RodneyAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. KennedyAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. CokerAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. CokerAppellate Division of the Supreme Court of the State of New York · 2014
  5. PeoplevCokerAppellate Division of the Supreme Court of the State of New York · 2014

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