PEOPLE v. GAYLES


122 A.D.2d 222 (1986)

The People of the State of New York, Respondent, v. Robert L. Gayles, Jr., Appellant

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

July 21, 1986


Judgment affirmed.

The defendant contends that the court's charge on intent shifted the burden of proof and that the court should have instructed the jury on the law of agency. However, at trial, upon the defendant's instructions, defense counsel made no request to charge and no exception was taken to the charge as given. Accordingly, any error of law was not preserved for appellate review (see, CPL 470.05; People v Whalen, 59 N.Y.2d...

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