From Casetext: Smarter Legal Research

People v. Bryant, Alicea

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 220 (N.Y. App. Div. 1986)

Opinion

July 21, 1986

Appeal from the County Court, Nassau County (Lawrence, J.).


Judgments affirmed.

Viewing the evidence presented at the defendants' joint trial in the light most favorable to the People (see, People v Benzinger, 36 N.Y.2d 29, 32), each defendant's guilt of robbery in the second degree (acting in concert) was established beyond a reasonable doubt. Although the court refused to charge certain language requested by the defendants, we find that the charge contained the substance of the request and that, as a whole, it conveyed the appropriate rules of law (see, People v Hall, 82 A.D.2d 838; People v Rivera, 108 A.D.2d 829, 830).

The defendants' further objection to the charge as boring, repetitive and confusing is unpreserved for our review in the absence of such an objection before the trial court (CPL 470.05), and is unpersuasive in any event. The claim that the jury was confused is belied by their verdict which was based on an entirely reasonable view of the evidence.

We have examined the defendants' remaining contentions, including the defendant Bryant's claim that his sentence was illegal and excessive, and find them to be either unpreserved or without merit. Lazer, J.P., Thompson, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Bryant, Alicea

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 220 (N.Y. App. Div. 1986)
Case details for

People v. Bryant, Alicea

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BRYANT and…

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

Date published: Jul 21, 1986

Citations

122 A.D.2d 220 (N.Y. App. Div. 1986)

Citing Cases

People v. Zuccaro

We find no improvident exercise of discretion with respect to the trial court's refusal to instruct the jury…

People v. Clemmons

The defendant's contention that the jury charge with respect to the issue of intent was confusing and…