Legal Opinion

People v. Gonzalez

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

Decided February 9, 2010Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J), rendered September 5, 2007, convicting him of burglary in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that because all of the evidence in the case was circumstantial, the Supreme Court should have given a circumstantial evidence charge to the jury. However, since the defendant did not request such a charge, or object to the charge as given, his contention is unpreserved for appellate review (see CPL 470.05 [2];…

2Cases cited5 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. BrianNew York Court of Appeals · 1994
  4. People v. LopezAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2007

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