People v. Clark

• Decision Date: 15 October 2002
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>DARRELL CLARK, Appellant.

298 A.D.2d 461

748 N.Y.S.2d 272

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.DARRELL CLARK, Appellant.

Decided October 15, 2002.

Feuerstein, J.P., Smith, Goldstein and Luciano, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court's response to a jury note impermissibly shifted the burden of proof is unpreserved for appellate review due to his failure to object or make any request with respect to the court's eventual response (see CPL 470.05 [2]; People v Contes, 60 NY2d 620), and we decline to review it in the exercise of our interest of justice jurisdiction.