People v. Cave
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Westchester County (Silverman, J.), rendered June 1, 1990, convicting him of grand larceny in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the proof of his guilt was wholly circumstantial and that, as a result, the court erred in failing to give a circumstantial evidence charge. This claim is unpreserved for appellate review because the defendant did not request a circumstantial evidence charge (see, CPL 470.05 [2]; People v Burgos, 170 AD2d 689). In…
2Cases cited3 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. BurgosAppellate Division of the Supreme Court of the State of New York · 1991
- People v. KingAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by2 opinions
- People v. WynnAppellate Division of the Supreme Court of the State of New York · 1993
- People v. SeaberryAppellate Division of the Supreme Court of the State of New York · 1997