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People v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 560 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

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


Ordered that the judgment is affirmed.

On appeal, the defendant contends that it was reversible error for the trial court, over his objection, to submit to the jury a verdict sheet which contained some of the elements of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree. However, while the defendant objected to the verdict sheet on the ground that it included written instructions for the jury, there was no specific objection on the ground that the verdict sheet also listed some of the elements of those possession counts. Accordingly, the defendant has not preserved this issue for our review (see, People v. Campbell, 170 A.D.2d 982). In light of the overwhelming evidence of the defendant's guilt, we decline to review it in the exercise of our interest of justice jurisdiction.

In addition, we find no basis to modify the defendant's sentence.

In light of our determination, we need not address the defendant's other contentions. Mangano, P.J., Lawrence, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 560 (N.Y. App. Div. 1991)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS HERNANDEZ…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 560 (N.Y. App. Div. 1991)
567 N.Y.S.2d 886

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