Opinion

People v. Brown

  • 204 A.D.2d 734
  • 614 N.Y.S.2d 246
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 31, 1994
Status
Published
Cited by
1 cases
Authority
More cited than 50.8%

The opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Silverman, J.), rendered October 20, 1992, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court’s compromise Sandoval ruling did not constitute an improvident exercise of discretion (see, e.g., People v Winters, 194 AD2d 703 ; People v Cruz, 176 AD2d 751 ).

The defendant’s challenge to the trial court’s instructions regarding proof beyond a reasonable doubt has not been preserved for appellate review (see, CPL 470.05 [2]; People v Burney, 192 AD2d 543 ; People v Alexander, 190 AD2d 1052 ). In any event, the contention is without merit (see, People v Malloy, 55 NY2d 296 , cert denied 459 US 847 ; People v Rowe, 172 AD2d 701 ; People v Baucom, 154 AD2d 688 ), and the charge as a whole conveyed the proper standard to the jury (see, People v Canty, 60 NY2d 830 ). Bracken, J. P., Sullivan, Miller and Hart, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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