PEOPLE v. GONZALEZ


279 A.D.2d 637 (2001)

720 N.Y.S.2d 360

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS GONZALEZ, Appellant.

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

Decided January 29, 2001.


Ordered that the judgment is affirmed.

The defendant contends that the court improperly charged the jury concerning accessorial liability because the charge did not include express language as to the "mere presence" of a defendant at a crime scene. However, the defendant failed to preserve this contention for appellate review as he did not object to it when afforded an opportunity to do so after the jury charge. In any event, as the jury charge otherwise adequately...

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