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People v. Dougel

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1994
210 A.D.2d 158 (N.Y. App. Div. 1994)

Opinion

December 22, 1994

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


The defendant's contention that the trial court erred in failing to provide a charge on the weakness of flight evidence has not been preserved for review since defense counsel never requested such charge nor excepted to the charge provided (People v Gonzalez, 198 A.D.2d 162, lv denied 82 N.Y.2d 895) and we decline to reach the issue in the interest of justice in light of the overwhelming evidence of guilt (People v Yaghnam, 135 A.D.2d 763, 764-765). In any event, the People were required to produce evidence of flight in order to prove a bail jumping charge which was ultimately dismissed.

The hypotheticals provided by the court in its circumstantial evidence charge were not similar to the facts of the instant case and did not convey to the jury the court's view of her guilt or innocence (cf., People v Hommel, 41 N.Y.2d 427).

Concur — Murphy, P.J., Rosenberger, Ellerin, Rubin and Nardelli, JJ.


Summaries of

People v. Dougel

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1994
210 A.D.2d 158 (N.Y. App. Div. 1994)
Case details for

People v. Dougel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MURIEL DOUGEL…

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

Date published: Dec 22, 1994

Citations

210 A.D.2d 158 (N.Y. App. Div. 1994)
620 N.Y.S.2d 953

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