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People v. Gurley

Court of Appeals of the State of New York
Oct 18, 1977
42 N.Y.2d 1086 (N.Y. 1977)

Opinion

Argued September 7, 1977

Decided October 18, 1977

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.

Myron Beldock, Kathleen Wresien and Nancy S. Baxter for appellant.

Eugene Gold, District Attorney (Ellen M. Coin of counsel), for respondent.


MEMORANDUM. The order of the Appellate Division is affirmed.

Defendant's present claim of error regarding the trial court's charge and that certain evidence was improperly received in evidence is unavailing. It is manifest that no alleged errors were preserved for our review by either exception or proper objection. His failure to take appropriate exception or to request further clarification at a time "when the court had an opportunity of effectively changing" any instruction preserved no question of law in connection therewith reviewable by this court (CPL 470.05, subd 2; People v Robinson, 36 N.Y.2d 224, 228-229; People v Kibbe, 35 N.Y.2d 407, 413-414). We have examined defendant's other arguments which we find to be without merit.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.


Summaries of

People v. Gurley

Court of Appeals of the State of New York
Oct 18, 1977
42 N.Y.2d 1086 (N.Y. 1977)
Case details for

People v. Gurley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY GURLEY, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 18, 1977

Citations

42 N.Y.2d 1086 (N.Y. 1977)
399 N.Y.S.2d 650
369 N.E.2d 1183

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