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PEOPLE v. GAVIN

224 A.D.2d 223 (1996)

638 N.Y.S.2d 295

The People of the State of New York, Respondent, v. Donald Gavin, Appellant

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

February 6, 1996

Defendant's claim that the court should have instructed the jury on evidence of flight is unpreserved, and should not be reviewed in the interest of justice where the evidence was minimal and defendant's failure to request the instruction can only be viewed as a tactical decision (see, People v Reid, 165 A.D.2d 776, lv denied 76 N.Y.2d 990). Defendant's other claim that the court's discharge of a sworn juror was made...

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