Opinion
Argued May 15, 2000.
June 22, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered October 18, 1999, convicting him of offering a false instrument for filing in the first degree, false registration, and illegal voting (five counts), upon a jury verdict, and imposing sentence.
Peter Lushing, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.
Schwimmer Sweeney, New York, N.Y. (Peter P. Sweeney of counsel), for League of Women Voters, amicus curiae.
Before: SONDRA MILLER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's convictions arise from his use, for voting and candidacy purposes, of an address at which he did not reside. He contends that the Supreme Court erroneously instructed the jury regarding the definition of "residence". On a prior appeal, this court reversed the defendant's first conviction because the Supreme Court improperly gave a missing-witness charge. However, on that appeal, we rejected the defendant's contention that the Supreme Court's instruction regarding the definition of "residence" was erroneous (see, People v. O'Hara, 253 A.D.2d 560). On this appeal, the defendant raises the same challenge to a nearly identical instruction given at his retrial. Our prior determination on that issue is the law of the case (see, People v. Brown, 136 A.D.2d 1, 12, lv denied 72 N.Y.2d 857, cert denied 488 U.S. 897).
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.