Marcus v. Meyerson

Judgment of conviction reversed, on the law, and in the exercise of discretion, and a new trial directed. There are a number of matters suggested by the court’s charge to the jury which might have properly been made the subject of request or exception by defendant’s counsel. But no such request or exception was made. Normally, the court will not permit a defendant on appeal to take advantage of error or omission in the absence of request or exception (Code Crim. Pro., § 420-a; People v. Feld, 305 N. Y. 322, 332; People v. Lee, 300 N. Y. 422; cf. People v. Caverio, 1 N Y 2d 657, dissenting…