PEOPLE v. MORET


63 A.D.3d 645 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX MORET, Appellant.

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

Decided June 30, 2009.


Defendant's challenge to a phrase in the court's charge is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. The query "who speaks the truth," a part of an old pattern charge that was superseded by the Criminal Jury Instructions, should be avoided (see e.g. People v Pippin, 67 A.D.2d 413, 418 [1979]). However, viewing the main and supplemental charges as...

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