People v. Waller

Appellate Division of the Supreme Court of New York

People v. Waller

188 A.D.2d 303, 590 N.Y.S.2d 477, 1992 N.Y. App. Div. LEXIS 13697

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

DecidedDecember 3, 1992

StatusPublished

This text of 188 A.D.2d 303 (People v. Waller) 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. Waller, 188 A.D.2d 303, 590 N.Y.S.2d 477, 1992 N.Y. App. Div. LEXIS 13697 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered April 18, 1991, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3 Vi to 7 years, unanimously affirmed.

Defendant’s various arguments concerning the court’s charge to the jury are unpreserved, and, in any event, without merit. Reversal is not required by the absence of a specific instruction that the indictment was not evidence, since the charge, as a whole, properly advised the jury (People v Hurk, 165 AD2d 687, 688, lv denied 76 NY2d 1021). Contrary to defendant’s argument on appeal, the court’s instruction on credibility did serve to inform the jury that it was up to them to decide whether defendant had in fact made the incriminating statements testified to by the arresting officer.

We have considered defendant’s other contentions and find them to be without merit. Concur — Carro, J. P., Ellerin, Kupferman and Kassal, JJ.

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Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered April 18, 1991, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3 Vi to 7 years, unanimously affirmed.

Defendant’s various arguments concerning the court’s charge to the jury are unpreserved, and, in any event, without merit. Reversal is not required by the absence of a specific instruction that the indictment was not evidence, since the charge, as a whole, properly advised the jury (People v Hurk, 165 AD2d 687, 688, lv denied 76 NY2d 1021). Contrary to defendant’s argument on appeal, the court’s instruction on credibility did serve to inform the jury that it was up to them to decide whether defendant had in fact made the incriminating statements testified to by the arresting officer.

We have considered defendant’s other contentions and find them to be without merit. Concur — Carro, J. P., Ellerin, Kupferman and Kassal, JJ.

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Bluebook (online)

188 A.D.2d 303, 590 N.Y.S.2d 477, 1992 N.Y. App. Div. LEXIS 13697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-waller-nyappdiv-1992.

Opinion

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