PEOPLE v. GARCIA


172 A.D.2d 770 (1991)

The People of the State of New York, Respondent, v. Edwin Garcia, Also Known as John Urena, Appellant

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

April 22, 1991


Ordered that the judgment is affirmed.

The defendant's challenge to the propriety of the trial court's intent charge is unpreserved for appellate review (see, CPL 470.05 [2]; see also, People v Autry, 75 N.Y.2d 836). In any event, the charge as a whole properly conveyed the ultimate burden of proof to the jury, and correctly instructed them with regard to the rules to be applied in evaluating the evidence (...

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