This court has several times held — contrary to the view expressed in People v. Light (285 App. Div. 496) — that a defendant, prosecuted by indictment, may not on appeal avail himself of the trial court's alleged failure to comply with section 433 of the Code of Criminal Procedure if he did not call such omission to the court's attention. (See, e.g., People v. Manfredi,
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PEOPLE v. MARILLA
7 N.Y.2d 319 (1960)
The People of the State of New York, Respondent, v. Louis Marilla, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 4, 1960.
Decided January 14, 1960.
Attorney(s) appearing for the Case
Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.
Court of Appeals of the State of New York.
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