Appellate Division of the Supreme Court of New York, First DepartmentMar 29, 1994
610 N.Y.S.2d 780 (N.Y. App. Div. 1994)
610 N.Y.S.2d 780202 A.D.2d 341

March 29, 1994

Appeal from the Supreme Court, Bronx County (William H. Wallace, III, J.).

Defendant failed to preserve for appellate review his contention that the jury charge was unbalanced (see, People v Nuccie, 57 N.Y.2d 818), and we decline to review in the interest of justice. Were we to review, we would find the contention to be without merit.

The trial court charged the jury on the accomplice plea agreement (see, People v. Jackson, 74 N.Y.2d 787, 790), and while the court should have charged the jury on the accomplice's false testimony at her plea allocution (cf., People v. Dellarocco, 115 A.D.2d 904, 905), the jury charge as a whole conveyed to the jury that they should consider the witness' inconsistent testimony in evaluating the witness' credibility (see, People v. Coleman, 70 N.Y.2d 817).

Concur — Murphy, P.J., Sullivan, Carro, Rosenberger and Asch, JJ.