From Casetext: Smarter Legal Research

People v. Fernandez

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1988
137 A.D.2d 709 (N.Y. App. Div. 1988)

Opinion

February 16, 1988

Appeal from the County Court, Suffolk County (Rohl, J.).


Ordered that the judgment is affirmed and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The defendant contends that the trial court's charge as to circumstantial evidence did not adequately convey the appropriate law to the jury. However, inasmuch as no objection was raised to this portion of the charge, the issue has not been preserved for appellate review (see, People v Thomas, 50 N.Y.2d 467; People v Pinnero, 125 A.D.2d 421, lv denied 69 N.Y.2d 884). In any event, the instruction in question apprised the jury of the correct standard to be applied in evaluating circumstantial evidence (see, People v Ford, 66 N.Y.2d 428, 441-442; People v Sanchez, 61 N.Y.2d 1022, 1024).

The defendant contends that the trial court abused its discretion in replacing a tardy juror with the first alternate (see, CPL 270.35). The matter has not been preserved for our review because of a failure to object at the time of replacement (see, People v Burns, 118 A.D.2d 864, 865; People v Pierce, 97 A.D.2d 904, 905).

We have examined the defendant's remaining contentions, including her claim that the sentence imposed was unduly harsh and excessive, and conclude that they are without merit. Thompson, J.P., Brown, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1988
137 A.D.2d 709 (N.Y. App. Div. 1988)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIA FERNANDEZ…

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

Date published: Feb 16, 1988

Citations

137 A.D.2d 709 (N.Y. App. Div. 1988)

Citing Cases

People v. White

Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not…

People v. Morales

However, inasmuch as no objection was raised to this portion of the charge, the issue has not been preserved…