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People v. Aparicio

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1992
186 A.D.2d 576 (N.Y. App. Div. 1992)

Opinion

October 5, 1992

Appeal from the Supreme Court, Kings County (Fertig, J.).


Ordered that the judgment is affirmed.

The defendant claims that the trial court did not clearly instruct the jury that he could not be convicted of resisting arrest unless the arrest was authorized and that for an arrest to be authorized, it must be based on probable cause. Since the defendant neither objected to the charge as given on this ground, nor requested curative instructions, his claim is unpreserved for appellate review (see, CPL 470.05). In any event, we find the claim to be without merit. Thompson, J.P., Sullivan, Balletta and Lawrence, JJ., concur.


Summaries of

People v. Aparicio

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1992
186 A.D.2d 576 (N.Y. App. Div. 1992)
Case details for

People v. Aparicio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID APARICIO…

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

Date published: Oct 5, 1992

Citations

186 A.D.2d 576 (N.Y. App. Div. 1992)