PEOPLE v. BARNES


33 A.D.3d 811 (2006)

826 N.Y.S.2d 283

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY BARNES, Appellant.

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

Decided October 17, 2006.


Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review his contentions that he was deprived of a fair trial by the trial court's preliminary jury instructions or by the People's comments during summation because he failed to make specific and timely objections (see CPL 470.05 [2]). In any event, these contentions are without merit.

Although preliminary instructions to the jury must not create the possibility of premature...

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