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People v. Morton

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2005
23 A.D.3d 411 (N.Y. App. Div. 2005)

Summary

finding the defendant failed to preserve his claims relating to the jury instructions

Summary of this case from Vassar v. Artus

Opinion

2003-08171.

November 7, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered September 4, 2003, convicting him of burglary in the third degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and William H. Branigan of counsel), for respondent.

Before: S. Miller, J.P., Krausman, Rivera and Covello, JJ., concur.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention regarding the preliminary instructions given to the jury ( see CPL 270.40; People v. Robinson, 8 AD3d 502), and we decline to review such claim in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [a]; People v. Giddens, 202 AD2d 976; People v. Moore, 161 AD2d 733, 734).

The defendant's remaining contentions are either without merit or do not warrant reversal.


Summaries of

People v. Morton

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2005
23 A.D.3d 411 (N.Y. App. Div. 2005)

finding the defendant failed to preserve his claims relating to the jury instructions

Summary of this case from Vassar v. Artus
Case details for

People v. Morton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK MORTON, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 2005

Citations

23 A.D.3d 411 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8346
803 N.Y.S.2d 433

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The defendant failed to preserve for appellate review his contention regarding the preliminary instructions…

Vassar v. Artus

Id. (citing C.P.L. §470.05(2); People v. McRae, 266 A.D.2d 241 (2d Dep't 1999) (holding the defendant failed…