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People v. Cyrus

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1985
111 A.D.2d 867 (N.Y. App. Div. 1985)

Opinion

June 17, 1985

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


Judgment affirmed.

No objection was registered with respect to the portions of the court's charge of which defendant now complains and, therefore, he has failed to preserve the issues for appellate review ( People v. Gonzales, 56 N.Y.2d 1001). In any event, although the trial court improperly referred to "wavered" minds in instructing the jury with respect to reasonable doubt, examination of the charge as a whole discloses that the court conveyed the correct rule of law to the jury ( People v. Stevenson, 104 A.D.2d 835, 836). Moreover, the court did not prejudicially or unduly prolong its charge with respect to defendant's right to remain silent at trial. Finally, since the People's case was not based solely on circumstantial evidence, no special instruction with respect thereto was required ( People v. Ruiz, 52 N.Y.2d 929, 930). Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.


Summaries of

People v. Cyrus

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1985
111 A.D.2d 867 (N.Y. App. Div. 1985)
Case details for

People v. Cyrus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CYRUS, Appellant

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

Date published: Jun 17, 1985

Citations

111 A.D.2d 867 (N.Y. App. Div. 1985)

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