People v. Falco

117 A.D.2d 750, 499 N.Y.S.2d 370, 1986 N.Y. App. Div. LEXIS 53023

This text of 117 A.D.2d 750 (People v. Falco) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Falco, 117 A.D.2d 750, 499 N.Y.S.2d 370, 1986 N.Y. App. Div. LEXIS 53023 (N.Y. Ct. App. 1986).

Opinion

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered April 7, 1983, convicting him of operating a motor vehicle while under the influence of alcohol, as a felony, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The evidence was sufficient to establish the defendant’s guilt beyond a reasonable doubt. The defendant’s contention with respect to the jury charge is not preserved for appellate review as he failed to take exception or make a request when the charge was given (see, People v Whalen, 59 NY2d 273, 280; People v Nuccie, 57 NY2d 818, 819-820). In any event, the charge was not erroneous. Mollen, P. J., Gibbons, Thompson and Brown, JJ., concur.

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Related

People v. Nuccie
441 N.E.2d 1111 (New York Court of Appeals, 1982)
People v. Whalen
451 N.E.2d 212 (New York Court of Appeals, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
117 A.D.2d 750, 499 N.Y.S.2d 370, 1986 N.Y. App. Div. LEXIS 53023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-falco-nyappdiv-1986.