Legal Opinion

People v. Fochler

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

Decided September 30, 1997Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the third degree. His contention that County Court erred in its charge on criminal intent is not preserved for our review (see, People v Tate, 200 AD2d 602, 603, lv denied 83 NY2d 811) and in any event lacks merit. The record establishes that the court sustained defendant’s objection to the admission of a screwdriver into evidence. The single question asked by the court of a defense witness did not deprive defendant of a fair trial (see, People v Jagopat, 216 AD2d…

2Cases cited5 opinions

  1. People v. HaileAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. NuhibianAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. TateAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. JagopatAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. OwensAppellate Division of the Supreme Court of the State of New York · 1994

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