People v. Canales

130 A.D.3d 1059, 13 N.Y.S.3d 845

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 29, 2015
• Status: Published

Opinion

Appeal by the defendant from a judgment of Supreme Court, Kings County (Dwyer, J.), rendered May 16, 2011, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the Supreme Court’s instructions to the jury in connection with the count of conspiracy in the second degree (see CPL 470.05 [2]; Penal Law § 105.15). In any event, the court’s charge, taken as a whole, conveyed the correct standard to the jury (see People v Drake, 7 NY3d 28, 32 [2006]; People v Fields, 87 NY2d 821 [1995]). Skelos, J.P., Leventhal, Cohen and Duffy, JJ., concur.