People v. Cooley
Appellate Division of the Supreme Court of the State of New York
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
- People v. DaddonaNew York Court of Appeals · 1993
- People v. CasperAppellate Division of the Supreme Court of the State of New York · 2007
- People v. RyanAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2004
- People v. StrussAppellate Division of the Supreme Court of the State of New York · 1996
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