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PEOPLE v. GARCIA

210 A.D.2d 143 (1994)

621 N.Y.S.2d 847

The People of the State of New York, Respondent, v. Mario Garcia, Appellant

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

December 20, 1994

Defendant's unsupported claim, that his constitutional right to a unanimous verdict was violated because the court did not explicitly instruct the jury that it had to unanimously reject his affirmative defense of extreme emotional disturbance is unpreserved for appellate review as a matter of law (CPL 470.05 [2]). We decline to review the claim in the interests of justice, since we find that there was insufficient evidence to warrant...

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