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PEOPLE v. COOLEY

102128

69 A.D.3d 1058 (2010)

891 N.Y.S.2d 681

2010 NY Slip Op 316

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAROL COOLEY, Appellant.

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

January 14, 2010.

Rose, J.

Defendant's sole contention on appeal from her conviction of two counts of felony driving while intoxicated and a traffic violation is that County Court was required, but failed, to give the jury a circumstantial evidence instruction. This issue is not preserved for our review, however, because the defense neither requested such a charge nor objected to its omission from the jury instructions (see People v Ryan, 46 A.D.3d 1125

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