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PEOPLE v. DeJESUS

124 A.D.2d 672 (1986)

The People of the State of New York, Respondent, v. Benjamin Dejesus, Appellant

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

November 10, 1986

Ordered that the judgment is affirmed.

Defense counsel failed to object to the trial court's instructions to the jury concerning flight as evidence of consciousness of guilt. Therefore, the defendant has not preserved this issue for appellate review as a matter of law (see, CPL 470.05 [2]; People v Thomas, 50 N.Y.2d 467). Reversal of the judgment of conviction is not warranted in the interest of justice.

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