PEOPLE v. HERBERT


182 A.D.2d 639 (1992)

The People of the State of New York, Respondent, v. Darren Herbert, Appellant

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

April 6, 1992


Ordered that the judgment is affirmed.

The defendant claims that the trial court gave an unbalanced interested witness charge by failing to charge that the People's witnesses were interested, while charging that he was interested as a matter of law. However, the defendant failed to preserve this claim for appellate review since he neither objected to the charge as given nor requested curative instructions (see, CPL...

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