People v. Coles
| Decision Date | 26 May 2009 |
| Docket Number | 2006-09512. |
| Citation | 2009 NY Slip Op 04258,62 A.D.3d 1022,878 N.Y.S.2d 913 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY COLES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the testimony of the arresting police officer was not incredible as a matter of law, as it was not "`manifestly untrue, physically impossible, contrary to experience, or self-contradictory'" (People v Garafolo, 44 AD2d 86, 88 [1974], quoting 22 NY Jur Evidence § 649). Accordingly, suppression of the physical evidence in question was properly denied.
Furthermore, the defendant's contention that the trial court committed reversible error when it instructed the jury on reasonable doubt is not preserved for appellate review, as the defendant did not object to the instructions at the time they were given (see CPL 470.05 [2]; People v McAloney, 2 AD3d 538, 539 [2003]). In any event, the defendant's contention is without merit because the instructions, on the whole, conveyed the correct standard to be employed by the jury (see People v Fields, 87 NY2d 821, 823 [1995]; People v Love, 37 AD3d 618, 619 [2007]; People v Sanchez, 29 AD3d 608 [2006]).
The defendant received meaningful representation (see People v Benevento, 91 NY2d 708 [1998]).
To continue reading
Request your trial
-
People v. Freire
...People's burden of proving guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05[2] ; People v. Coles, 62 A.D.3d 1022, 1023, 878 N.Y.S.2d 913 ). In any event, the defendant's contention lacks merit. Where, as here, "the jury instructions, on the whole, conveyed......
-
People v. Hankerson
...Fields, 87 N.Y.2d 821, 637 N.Y.S.2d 355, 660 N.E.2d 1134 ; People v. King, 73 A.D.3d 1083, 1084, 903 N.Y.S.2d 56 ; People v. Coles, 62 A.D.3d 1022, 1023, 878 N.Y.S.2d 913 ). Since the instructions were adequate, defense counsel's failure to object to the challenged portions of the court's c......
-
People v. Morris
...87 N.Y.2d 821, 823, 637 N.Y.S.2d 355, 660 N.E.2d 1134; People v. King, 73 A.D.3d 1083, 1084, 903 N.Y.S.2d 56; People v. Coles, 62 A.D.3d 1022, 1023, 878 N.Y.S.2d 913; People v. Love, 37 A.D.3d 618, 619, 830 N.Y.S.2d 723; People v. Sanchez, 29 A.D.3d 608, 813 N.Y.S.2d 307; People v. Reyes, 2......
-
People v. Hoffmann
...the issue of reasonable doubt were constitutionally inadequate is unpreserved for appellate review (see CPL 470.05[2] ; People v. Coles, 62 A.D.3d 1022, 1023, 878 N.Y.S.2d 913 ). In any event, the defendant's contention is without merit because the instructions, on the whole, conveyed the c......