PEOPLE v. BROWN


278 A.D.2d 60 (2000)

717 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY BROWN, Appellant.

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

Decided December 12, 2000.


Defendant's challenge to the court's reference, in its preliminary remarks to the prospective jury panel, to the elements of the crime charged is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that there was no prejudice as the court cautioned against premature deliberations in its preliminary charge delivered prior to opening statements.

Defendant's right to a public trial was validly waived by defense...

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