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People v. Elias

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 474 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the Supreme Court, Queens County (Golia, J.).


Ordered that the judgment is affirmed.

The defendant's claims of error regarding the trial court's interested-witness charge and the portion of the charge regarding evidence of flight are not preserved for appellate review, since he neither objected to the charge as given nor requested curative instructions ( see, People v. Gray, 86 N.Y.2d 10, 19; People v Nuccie, 57 N.Y.2d 818; People v. Baez, 208 A.D.2d 551; People v Wilson, 154 A.D.2d 566). In any event, the court appropriately instructed the jury on the weight to be given to the evidence of flight. The trial court's charge that, as a matter of law, the police officers were not interested witnesses was also not erroneous ( see, People v. Holly, 184 A.D.2d 581; People v Melvin, 128 A.D.2d 647; People v. Holmes, 117 A.D.2d 480).

The sentence was not excessive ( see, People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Copertino, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Elias

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 474 (N.Y. App. Div. 1996)
Case details for

People v. Elias

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABEL ELIAS, Appellant

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

Date published: Apr 8, 1996

Citations

226 A.D.2d 474 (N.Y. App. Div. 1996)
640 N.Y.S.2d 799

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