Legal Opinion

People v. Malave

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

Decided October 7, 1985PublishedCited by 7 opinions

1Opinion of the Court

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered May 7, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant argues on appeal that the trial court’s charge was deficient because the jury was not informed that he had to share his coperpetrator’s intent to commit a robbery with a gun. However, defendant made no objection to the Judge’s charge and, therefore, the alleged error has not been preserved, for our review (see, People v Thomas, 50 NY2d 467; CPL 470.05 [2]). In any event, we…

2Cases cited3 opinions

  1. People v. ThomasNew York Court of Appeals · 1980
  2. People v. GomezAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. ParkerAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by7 opinions

  1. People v. JamesAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. GopaulAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. PenaAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. MoleyAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1990

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