People v. Willis
| Decision Date | 28 January 1985 |
| Citation | 107 A.D.2d 830,484 N.Y.S.2d 669 |
| Parties | The PEOPLE, etc., Respondent, v. Jeffrey WILLIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William E. Hellerstein, New York City (David P. Greenberg, New York City, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Rebecca J. Clement and Steven H. Kessler, Brooklyn, of counsel), for respondent.
Before O'CONNOR, J.P., and WEINSTEIN, LAWRENCE and EIBER, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 20, 1982, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
Judgment affirmed.
Defendant's claim that the trial court erred in failing to deliver a circumstantial evidence charge has not been preserved for review inasmuch as no such charge was requested, and no exception to the charge as delivered was taken by defendant (CPL 470.05, subd. 2; People v. Royster, 99 A.D.2d 761, 471 N.Y.S.2d 541; People v. Sumpter, 82 A.D.2d 869, 440 N.Y.S.2d 29). In any event, such a charge was not warranted under the facts of this case. The sentence imposed was not improper.
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People v. Band
...erroneous is not preserved for appellate review (see, CPL 470.05 People v. Dawson, 115 A.D.2d 612, 496 N.Y.S.2d 274; People v. Willis, 107 A.D.2d 830, 484 N.Y.S.2d 669). In any event, the circumstantial evidence charge delivered by the court, read as a whole, adequately stated the principle......
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... ... preserved for appellate review (see CPL 470.05 [2]; ... People v Shackelton, 177 A.D.3d 1163 [2019]; ... People v Wesley, 175 A.D.3d 1194 [2019]; People ... v Reyes, 45 A.D.3d 785 [2007]; People v ... Candelario, 150 A.D.2d 791 [1989]; People v ... Willis, 107 A.D.2d 830 [1985]). Additionally, ... defendant's claim that the District Court erred in ... denying his request for a missing witness charge is not ... preserved for appellate review, as the specific arguments he ... now makes were not raised in the District Court (see ... ...
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People v. Stewart
... ... preserved for appellate review (see CPL 470.05 [2]; ... People v Shackelton, 177 A.D.3d 1163 [2019]; ... People v Wesley, 175 A.D.3d 1194 [2019]; People ... v Reyes, 45 A.D.3d 785 [2007]; People v ... Candelario, 150 A.D.2d 791 [1989]; People v ... Willis, 107 A.D.2d 830 [1985]). Additionally, ... defendant's claim that the District Court erred in ... denying his request for a missing witness charge is not ... preserved for appellate review, as the specific arguments he ... now makes were not raised in the District Court (see ... ...
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People v. Candelario
...delivered, any issue of law with respect to the contention is not preserved for appellate review (see, CPL 470.05[2]; People v. Willis, 107 A.D.2d 830, 484 N.Y.S.2d 669). In any event, there was direct evidence of the defendant's guilt, to wit, a statement made by the defendant to his broth......