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People v. Nichilo

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 2000
274 A.D.2d 592 (N.Y. App. Div. 2000)

Opinion

Submitted May 18, 2000.

July 31, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered October 30, 19 97, convicting him of burglary in the first degree, robbery in the first degree, and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Monique Ferrell, and Marie-Claude P. Wrenn of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant did not preserve for appellate review his claim that the court erred in failing to charge the jury that the testimony of his accomplice required corroboration, as he neither requested such a charge nor specifically objected to the court's failure to give it (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19; People v. James, 75 N.Y.2d 874, 875; People v. Ortiz, 215 A.D.2d 408; People v. Coico, 176 A.D.2d 339). In any event, reversal of the defendant's conviction is unwarranted. The complaining witness's identification testimony and the evidence that the defendant's brother, with whom the defendant lived, possessed goods stolen from the complaining witness, was sufficient corroboration of the accomplice's testimony, and the evidence of the defendant's guilt was overwhelming (see, People v. Jones, 85 N.Y.2d 823; People v. Breland, 83 N.Y.2d 286, 294; People v. Odiot, 242 A.D.2d 308; People v. Jones, 220 A.D.2d 689).


Summaries of

People v. Nichilo

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 2000
274 A.D.2d 592 (N.Y. App. Div. 2000)
Case details for

People v. Nichilo

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. NICHOLAS NICHILO, APPELLANT. (Ind. No…

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

Date published: Jul 31, 2000

Citations

274 A.D.2d 592 (N.Y. App. Div. 2000)
715 N.Y.S.2d 849

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