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People v. Peak

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1045 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Oneida County Court, Parker, J.

Present — Doerr, J.P., Green, Pine, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's contention that the court erred in failing to submit counts charging intentional and reckless conduct in the alternative is unpreserved and we decline to reach the issue in the interest of justice (see, People v Carey, 151 A.D.2d 989, lv denied 74 N.Y.2d 806; People v Dukett, 147 A.D.2d 938, lv denied 73 N.Y.2d 976). Defendant raised that issue in a posttrial motion but failed to object before the jury was discharged, when any defect could have been remedied by resubmission to the jury (see, People v Satloff, 56 N.Y.2d 745).

We have examined defendant's remaining arguments on appeal and find none that requires reversal.


Summaries of

People v. Peak

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1045 (N.Y. App. Div. 1991)
Case details for

People v. Peak

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON L. PEAK…

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

Date published: Jun 7, 1991

Citations

174 A.D.2d 1045 (N.Y. App. Div. 1991)