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PEOPLE v. FRANKLIN

188 A.D.2d 662 (1992)

The People of the State of New York, Respondent, v. Benjamin Franklin, Appellant

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

December 28, 1992

Ordered that the judgment is affirmed.

The defendant's contention that the curative instruction given to the jury regarding uncharged criminal activity was inadequate and prejudicial is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 A.D.2d 245). In any event, the defendant's contention is without merit, as the instruction given was substantially the same instruction which was requested...

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