People v. Terry

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY TERRY, Appellant

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

Date published: Feb 10, 1992

180 A.D.2d 700 (N.Y. App. Div. 1992)

580 N.Y.S.2d 45

Opinion

February 10, 1992

Appeal from the County Court, Westchester County (Lange, J.).

Ordered that the judgment is affirmed.

A review of the trial record discloses that the defendant's counsel requested that the court consider, as lesser included offenses, attempted assault in the second degree and attempted criminal possession of a weapon in the third degree in its deliberation. By affirmatively making such a request, the defendant waived his right to later complain of any error that may have occurred in connection with the court's consideration of those offenses (see, People v. Ford, 62 N.Y.2d 275). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.