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People v. Rudd

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 539 (N.Y. App. Div. 2003)

Opinion

2002-04742

Submitted October 20, 2003.

November 17, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 21, 2002, convicting him of robbery in the first degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Harry T. Robins of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant did not preserve for appellate review his contention that the Supreme Court erred in failing to charge the jury with respect to the accomplice-corroboration requirement of CPL 60.22. He neither requested such a charge nor specifically objected to the failure of the Supreme Court to give it ( see CPL 470.05; People v. Nichilo, 274 A.D.2d 592; People v. Odiot, 242 A.D.2d 308). In any event, under the circumstances, no accomplice-corroboration charge was warranted under CPL 60.22 ( see People v. Dygert, 229 A.D.2d 735; People v. Sacco, 199 A.D.2d 288; People v. Dagnone, 187 A.D.2d 604; People v. Brazeau, 162 A.D.2d 979; People v. Torres, 160 A.D.2d 746).

FLORIO, J.P., FRIEDMANN, H. MILLER and MASTRO, JJ., concur.


Summaries of

People v. Rudd

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 539 (N.Y. App. Div. 2003)
Case details for

People v. Rudd

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MICHAEL RUDD, appellant

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

Date published: Nov 17, 2003

Citations

1 A.D.3d 539 (N.Y. App. Div. 2003)
767 N.Y.S.2d 261

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