People v. Reilly

New York Court of Appeals

People v. Reilly

392 N.E.2d 1246, 47 N.Y.2d 860, 419 N.Y.S.2d 63, 1979 N.Y. LEXIS 2138

CourtNew York Court of Appeals

DecidedJune 12, 1979

StatusPublished

Cited by2 cases

This text of 392 N.E.2d 1246 (People v. Reilly) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Reilly, 392 N.E.2d 1246, 47 N.Y.2d 860, 419 N.Y.S.2d 63, 1979 N.Y. LEXIS 2138 (N.Y. 1979).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Viewing the evidence at trial in the light most favorable to the defendant, we find that the record affords no basis for a charge as to justification. (Penal Law, § 35.15.) Thus, it was not error for the Trial Judge to refuse defendant’s request to so charge the jury. (See People v Stevenson, 31 NY2d 108, 112-113.)

In our view, defendant’s objections during the cross-examination of a codefendant at trial, having made no reference to the issue now raised, were not sufficient to preserve that issue: namely, whether the prosecutor’s allegedly improper cross-examination unduly prejudiced him.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed in a memorandum.

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