PEOPLE v. JONES


173 A.D.2d 487 (1991)

The People of the State of New York, Respondent, v. Herbert Jones, Also Known as Gregory Jones, Appellant

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

May 6, 1991


Ordered that the judgment is affirmed.

The defendant contends that the court's isolated query "Who speaks the truth? This is a question for you to decide", delivered at the end of its charge impermissibly shifted the burden of proof to him. The defense counsel took no exception to the charge as given and, thus, this claim of error is not preserved for appellate review (see, CPL 470.05 [2]; People v Contes, 60 N.Y.2d 620

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