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People v. Mojica

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 609 (N.Y. App. Div. 1997)

Opinion

May 27, 1997

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the judgment is affirmed.

In this so-called "buy and bust" case, the defense counsel extensively cross-examined the police concerning their failure to use various additional investigative techniques. The defendant contends that reversal is warranted because the court instructed the jury that "there is no requirement that the police use any particular investigative technique or method". However, his claim is unpreserved for appellate review because he did not except to the charge as given (see, CPL 470.05). In any event, the trial court's instruction to the jury does not warrant reversal since the charge as a whole conveyed the correct legal standard to be applied (see, People v. Canty, 60 N.Y.2d 830).

The defendant's remaining contentions are without merit.

O'Brien, J.P., Goldstein, McGinity and Luciano, JJ., concur.


Summaries of

People v. Mojica

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 609 (N.Y. App. Div. 1997)
Case details for

People v. Mojica

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENARO MOJICA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1997

Citations

239 A.D.2d 609 (N.Y. App. Div. 1997)
658 N.Y.S.2d 977

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