People v. Poole

Judgment unanimously affirmed. Memorandum: Defendant contends that Penal Law § 240.20 (3) is unconstitutional and thus his conviction for disorderly conduct should be dismissed. Where, as here, defendant failed to raise the constitutional challenge to the statute in the trial court, the issue is not properly before this Court for appellate review (People v Ruz, 70 NY2d 942; Matter of McGee v Korman, 70 NY2d 225, 231; Melahn v Hearn, 60 NY2d 944, 945). By failing to object or take an exception to the charge as given, defendant failed to preserve for our review his claim that the court’s charge…