From Casetext: Smarter Legal Research

People v. Hoyle

Appellate Division of the Supreme Court of New York, Second Department
Sep 12, 2006
32 A.D.3d 864 (N.Y. App. Div. 2006)

Opinion

2004-08031.

September 12, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered August 4, 2004, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.

Before: Crane, J.P., Goldstein, Rivera and Lifson, JJ.


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in its instruction s during jury selection on witness credibility, identification, and acting in concert. However, the defendant did not object to these instructions, and thus his contentions regarding them are unpreserved for appellate review ( see CPL 470.05). Further, the instructions at issue did not implicate the "mode of proceedings prescribed by law" ( People v Patterson, 39 NY2d 288, 295, affd 432 US 197) that would excuse the need for preservation ( see People v Harper, 32 AD3d 16, overruling People v Mollica, 267 AD2d 479). In any event, the instructions during voir dire were not improper ( see People v Harper, supra; People u Andrews, 30 AD3d 434; see also People v Morris, 153 AD2d 984).


Summaries of

People v. Hoyle

Appellate Division of the Supreme Court of New York, Second Department
Sep 12, 2006
32 A.D.3d 864 (N.Y. App. Div. 2006)
Case details for

People v. Hoyle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL HOYLE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 12, 2006

Citations

32 A.D.3d 864 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6425
820 N.Y.S.2d 527

Citing Cases

People v. Pilgrim

The defendant's contention that the Supreme Court's instructions to the prospective*902jurors during jury…

People v. Hoyle

Gabriel Hoyle, Comstock, N.Y., appellant pro se. Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of…