PEOPLE v. COSTELLO


156 A.D.2d 304 (1989)

The People of the State of New York, Respondent, v. Rudolph Costello, Appellant

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

December 21, 1989


The defendant contends that the jury should have been instructed specifically to disregard evidence on the indictment's second count, criminal possession of a hypodermic instrument. This charge was dismissed by the trial court during the deliberations. Accordingly, the jury was told not to consider the charge. Defendant argues that the court was bound to tell the jury. However, the defendant neither alerted the court to any possible error nor requested supplemental instructions...

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