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PEOPLE v. PERTHA

169 A.D.2d 844 (1991)

The People of the State of New York, Respondent, v. Yvonne Pertha, Appellant

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

January 28, 1991

Ordered that the judgment is affirmed.

The defendant argues that since her conviction was premised solely on circumstantial evidence, the court committed reversible error when it failed to charge the jury, sua sponte, with respect thereto. However, this issue is unpreserved for appellate review as a matter of law since the defendant failed to request such a charge and did not except to the court's charge as given...

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