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People v. Boucher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 924 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Onondaga County Court, Burke, J.

Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction was against the weight of the evidence. From our review of the record, we conclude that the weight of the credible evidence supports the jury verdict and that a different finding would have been unreasonable (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant further contends that the trial court erred in failing to instruct the jury regarding the voluntariness of his statements. Because the charge was not requested and no exception was taken to the charge as given, this issue has not been preserved for our review (CPL 470.05) and we decline to exercise our discretion in the interest of justice (CPL 470.15).


Summaries of

People v. Boucher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 924 (N.Y. App. Div. 1989)
Case details for

People v. Boucher

Case Details

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

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 924 (N.Y. App. Div. 1989)
543 N.Y.S.2d 836