Opinion

People v. Brown

  • 220 A.D.2d 250
  • 632 N.Y.S.2d 97
  • 1995 N.Y. App. Div. LEXIS 10002
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 10, 1995
Status
Published
Cited by
6 cases
Authority
More cited than 78.7%

The opinion

—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered August 5, 1992, convicting defendant, after a jury trial, of grand larceny in the fourth degree and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s claim that the court shifted the burden of proof by instructing the jury during voir dire and opening and final instructions, inter alia, to be "ministers of truth” and that their verdict should "speak the truth”, is unpreserved for appellate review as a matter of law for failure to object (People v *251 Huynh, 215 AD2d 168, 169 ), and we decline to review it in the interest of justice. If we were to review it, we would find that the challenged statements were not improper, the entirety of the jury charge having adequately conveyed the People’s burden to prove defendant’s guilt beyond a reasonable doubt. (Supra; People v Rawls, 187 AD2d 353 , Iv denied 81 NY2d 845 ; People v Pena, 196 AD2d 753 , Iv denied 82 NY2d 900 .) Concur— Sullivan, J. P., Kupferman, Nardelli and Williams, JJ.

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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