People v. Miller

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY MILLER, Appellant

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

Date published: Jul 7, 1988

142 A.D.2d 971 (N.Y. App. Div. 1988)

Opinion

July 7, 1988

Appeal from the Supreme Court, Monroe County, Bergin, J.

Present — Callahan, J.P., Doerr, Green, Lawton and Davis, JJ.

Judgment unanimously affirmed. Memorandum: Defendant failed to object to the court's jury charge as given, thereby failing to preserve the issue of its propriety for our review. Were we to review the issue in the interest of justice, we would affirm. The court's charge, when viewed as a whole, provided the jury with the correct standard for evaluating the proof (see, People v Canty, 60 N.Y.2d 830, 832).