PEOPLE v. SCOTTO


177 A.D.2d 668 (1991)

The People of the State of New York, Respondent, v. Dennis Scotto, Appellant

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

November 18, 1991


Ordered that the judgment is affirmed.

The defendant argues that the court should have sua sponte charged the jury on circumstantial evidence regarding the intentional murder count, since there was no direct evidence in support of that charge. Because the defendant failed to request such a charge and did not object to the charge as given on this ground, this claim is unpreserved for appellate review as a matter of law (see, People v Thomas,

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