Opinion
January 24, 1991
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
Since defendant never requested the court to instruct the jury that possible threats against his girlfriend and stepbrother were relevant factors for the jury to consider in determining whether defendant's statements were voluntary, the issue is unpreserved and we decline to review it (CPL 470.05). In any case, since no evidence was presented that defendant was even aware that his girlfriend and stepbrother were at the precinct, defendant was not entitled to the charge (People v Betances, 165 A.D.2d 754). Furthermore, the court's charge as a whole adequately apprised the jury of the People's burden to prove the voluntariness of defendant's statements.
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Smith, JJ.