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People v. Kelby Banchs-Rivera

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 944 (N.Y. App. Div. 1996)

Opinion

September 27, 1996.

Judgment unanimously affirmed.

Before: Present Denman, P.J., Pine, Fallon, Doerr and Balio, JJ.


By failing to make any requests to charge or to object to the charge as given, defendant failed to preserve for our review his present argument that County Court's charge concerning constructive possession was inadequate ( see, CPL 470.05; People v Autry, 75 NY2d 836, 839; People v Thomas, 50 NY2d 467, 471), and we decline to exercise our power to review that argument as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). (Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Possession Weapon, 3rd Degree.)


Summaries of

People v. Kelby Banchs-Rivera

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 944 (N.Y. App. Div. 1996)
Case details for

People v. Kelby Banchs-Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELBY BANCHS-RIVERA…

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

Date published: Sep 27, 1996

Citations

231 A.D.2d 944 (N.Y. App. Div. 1996)
648 N.Y.S.2d 373