People v. Norton

Appellate Division of the Supreme Court of New York

People v. Norton

155 A.D.2d 780, 548 N.Y.S.2d 1007, 1989 N.Y. App. Div. LEXIS 14203

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

DecidedNovember 16, 1989

StatusPublished

This text of 155 A.D.2d 780 (People v. Norton) 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. Norton, 155 A.D.2d 780, 548 N.Y.S.2d 1007, 1989 N.Y. App. Div. LEXIS 14203 (N.Y. Ct. App. 1989).

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Opinion

— Mahoney, P. J.

Appeal from a judgment of the County Court of Warren County (Moynihan, J.), rendered October 4, 1988, upon a verdict convicting defendant of the crimes of assault in the second degree and criminal possession of a weapon in the third degree.

As the result of an altercation with a former girlfriend during the early morning hours of August 30, 1987 in the City of Glens Falls, Warren County, defendant was tried and ultimately convicted of assault in the second degree and criminal possession of a weapon in the third degree. He was sentenced as a second felony offender to an indeterminate term of incarceration of 3* to 6 years. On this appeal, defendant claims error in County Court’s charge to the jury. It [781]*781appears from the record, however, that defendant failed to make any objection to or offer any request regarding the charge. Accordingly, any alleged error has not been preserved for our review (see, People v Maille, 136 AD2d 829, 830). Since the charge was in our view sufficiently fair and unbiased, we find no reason to invoke our authority to reverse in the interest of justice.

Judgment affirmed. Mahoney, P. J., Casey, Weiss, Levine and Harvey, JJ., concur.

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— Mahoney, P. J.

Appeal from a judgment of the County Court of Warren County (Moynihan, J.), rendered October 4, 1988, upon a verdict convicting defendant of the crimes of assault in the second degree and criminal possession of a weapon in the third degree.

As the result of an altercation with a former girlfriend during the early morning hours of August 30, 1987 in the City of Glens Falls, Warren County, defendant was tried and ultimately convicted of assault in the second degree and criminal possession of a weapon in the third degree. He was sentenced as a second felony offender to an indeterminate term of incarceration of 3* to 6 years. On this appeal, defendant claims error in County Court’s charge to the jury. It [781]*781appears from the record, however, that defendant failed to make any objection to or offer any request regarding the charge. Accordingly, any alleged error has not been preserved for our review (see, People v Maille, 136 AD2d 829, 830). Since the charge was in our view sufficiently fair and unbiased, we find no reason to invoke our authority to reverse in the interest of justice.

Judgment affirmed. Mahoney, P. J., Casey, Weiss, Levine and Harvey, JJ., concur.

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Bluebook (online)

155 A.D.2d 780, 548 N.Y.S.2d 1007, 1989 N.Y. App. Div. LEXIS 14203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-norton-nyappdiv-1989.

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