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PEOPLE v. FRANKLIN

54 A.D.3d 964 (2008)

863 N.Y.S.2d 602

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FRANKLIN, Appellant.

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

September 23, 2008.

Ordered that the judgment and the resentence are affirmed.

The defendant's contention that a portion of the court's jury charge deprived him of the force of his defense (see generally People v Williams, 5 N.Y.3d 732 [2005]) is unpreserved for appellate review (see CPL 470.05 [2]). In any event, any error in this portion of the jury charge was harmless (see People v Crimmins, 36 N.Y.2d 230

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