People v. Canales

Full title: The People of the State of New York, respondent, v. Anthony Canales…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 29, 2015

2015 N.Y. Slip Op. 6358 (N.Y. App. Div. 2015)

Opinion

2011-04782

07-29-2015

The People of the State of New York, respondent, v. Anthony Canales, appellant.

Lynn W. L. Fahey, New York, N.Y. (William A. Loeb of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ. (Ind. No. 3196/09)

Lynn W. L. Fahey, New York, N.Y. (William A. Loeb of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of Supreme Court, Kings County (Dwyer, J.), rendered May 16, 2011, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the Supreme Court's instructions to the jury in connection with the count of conspiracy in the second degree (see CPL 470.05[2]; Penal Law § 105.15). In any event, the court's charge, taken as a whole, conveyed the correct standard to the jury (see People v Drake, 7 NY3d 28, 32; People v Fields, 87 NY2d 821).

SKELOS, J.P., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court