Legal Opinion

People v. Cave

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

Decided March 29, 1993PublishedCited by 2 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. BurgosAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. KingAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. People v. WynnAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. SeaberryAppellate Division of the Supreme Court of the State of New York · 1997

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