PEOPLE v. GIBBONS


156 A.D.2d 263 (1989)

The People of the State of New York, Respondent, v. Francis Gibbons, Appellant

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

December 19, 1989


Defendant's failure to object at trial to the jury charge, or any part of it, or to request an agency charge, forecloses this court from considering his claims as a matter of law. (People v Argibay, 45 N.Y.2d 45, 50.) Moreover, were we to consider the claims of defendant in the interest of justice, we would nonetheless affirm.

A jury instruction regarding the defense of agency should be submitted "where there is at least...

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