PEOPLE v. PENA


196 A.D.2d 753 (1993)

601 N.Y.S.2d 923

The People of the State of New York, Respondent, v. Alfredo Pena, Appellant

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

September 23, 1993


Defendant's contention that the court's charge diminished the People's burden of proof by including an expanded identification charge only as to the assault and reckless endangerment counts and not as to the robbery counts, and by instructing the jurors that their job was to determine "the truth", is unpreserved for appellate review as a matter of law, defendant having voiced no objections to the charge at trial (CPL 470.05). In any event, were we to review the argument in...

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