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PEOPLE v. TUCKER

278 A.D.2d 38 (2000)

717 N.Y.S.2d 151

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE TUCKER, Appellant.

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

Decided December 7, 2000.

Defendant's claim that the court's charge failed to adequately advise the jury of the factors to consider in determining whether the victim was killed "in the course of and in furtherance of [the robbery] or of immediate flight therefrom" (Penal Law § 125.25 [3]; see, People v Gladman, 41 N.Y.2d 123, 129), is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that...

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