People v. Lumpkin

• Decision Date: 10 April 2007
• Docket Number: 2005-02477.
• Citation: 39 A.D.3d 671,831 N.Y.S.2d 908,2007 NY Slip Op 03168
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH LUMPKIN, Appellant.
• Court: New York Supreme Court — Appellate Division

39 A.D.3d 671

831 N.Y.S.2d 908

2007 NY Slip Op 03168

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH LUMPKIN, Appellant.

2005-02477.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 10, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered March 1, 2005, convicting him of grand larceny in the third degree and grand larceny in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention regarding the preliminary instructions given to the jury, and his contention that the trial court failed to admonish the jury not to discuss the case during an overnight recess (see CPL 270.40, 310.10; People v Agramonte, 87 NY2d 765, 771 [1996]; People v Bonaparte, 78 NY2d 26, 32 [1991]; People v Taylor, 29 AD3d 713, 714 [2006]; People v Robinson, 8 AD3d 502 [2004]; People v Morton, 23 AD3d 411, 412 [2005]), and we decline to review these contentions in the exercise of our interest of justice jurisdiction (see CPL 470.15 [6] [a]; People v Giddens, 202 AD2d 976 [1994]; People v Moore, 161 AD2d 733, 734 [1990]; People v Morton, 23 AD3d 411, 412 [2005]).

Schmidt, J.P., Spolzino, Florio and Skelos, JJ., concur.