People v. Lonon

Appellate Division of the Supreme Court of New York

People v. Lonon

124 A.D.2d 751, 507 N.Y.S.2d 1014, 1986 N.Y. App. Div. LEXIS 62058

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1986

StatusPublished

Cited by2 cases

This text of 124 A.D.2d 751 (People v. Lonon) 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. Lonon, 124 A.D.2d 751, 507 N.Y.S.2d 1014, 1986 N.Y. App. Div. LEXIS 62058 (N.Y. Ct. App. 1986).

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Opinion

On appeal, the defendant claims that the court’s alibi charge was erroneous in certain respects. However, the defendant failed to object to the alibi charge and therefore failed to preserve the issue for appellate review. Further, in view of the overwhelming evidence of the defendant’s guilt and the fact that the trial court’s charge, as a whole, properly instructed the jury that the prosecution bore the burden of proof, there is no basis for reversing the conviction in the interest of justice (see, People v Canty, 60 NY2d 830; People v Colon, 122 AD2d 151; People v Payne, 111 AD2d 938).

We have considered the defendant’s remaining claims and find that they are either unpreserved for appellate review or without merit. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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On appeal, the defendant claims that the court’s alibi charge was erroneous in certain respects. However, the defendant failed to object to the alibi charge and therefore failed to preserve the issue for appellate review. Further, in view of the overwhelming evidence of the defendant’s guilt and the fact that the trial court’s charge, as a whole, properly instructed the jury that the prosecution bore the burden of proof, there is no basis for reversing the conviction in the interest of justice (see, People v Canty, 60 NY2d 830; People v Colon, 122 AD2d 151; People v Payne, 111 AD2d 938).

We have considered the defendant’s remaining claims and find that they are either unpreserved for appellate review or without merit. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

124 A.D.2d 751, 507 N.Y.S.2d 1014, 1986 N.Y. App. Div. LEXIS 62058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lonon-nyappdiv-1986.

Opinion

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