PEOPLE v. ROBINSON


36 N.Y.2d 224 (1975)

The People of the State of New York, Respondent, v. Paul Robinson, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1975.


Attorney(s) appearing for the Case

Ronald M. Kleinberg for appellant.

Eugene Gold, District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge COOKE; Judge WACHTLER dissents and votes to reverse in a separate opinion.


COOKE, J.

The issue in this case is whether an alleged error in the trial court's charge to the jury, to which no exception was taken, is reviewable in this court on the theory that defendant was deprived of a fair trial.

Defendant was convicted, following a jury trial, of the crimes of murder, attempted robbery in the first degree and attempted grand larceny in the third degree. He admitted that on August...

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