Appellate Division of the Supreme Court of New York, 1985

People v. Charles

Appellate Division of the Supreme Court of New York · Decided May 28, 1985

111 A.D.2d 405; 489 N.Y.S.2d 370; 1985 N.Y. App. Div. LEXIS 51493

Cases that cite this one

9 later published cases cite this decision.

People v. Andujar (Appellate Division of the Supreme Court of New York 1992)
People v. Augustin (Appellate Division of the Supreme Court of New York 1990)
People v. Studwell (Appellate Division of the Supreme Court of New York 1990)
People v. Evans (New York County Courts 1990)
People v. Reilly (Appellate Division of the Supreme Court of New York 1988)
People v. Brooks (Appellate Division of the Supreme Court of New York 1988)
People v. Padgett (Appellate Division of the Supreme Court of New York 1988)
People v. Robinson (Appellate Division of the Supreme Court of New York 1986)
People v. Johnson (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered October 18, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence of an indeterminate term of 15 years to life imprisonment.

Judgment affirmed.

The eyewitness in question knew the defendant; therefore, the denial of defendant’s motion to suppress a station house showup identification of defendant was not error (People v Gissendanner, 48 NY2d 543). In any event, identification was not an issue in this case, inasmuch as defendant admitted his presence at the crime scene.

By failing to object to the court’s failure to charge the jury on the lesser included offense of manslaughter in the second degree prior to deliberations, defendant waived his objection and, therefore, it is not properly preserved for review (CPL 300.50 [1]; *406People v Contes, 60 NY2d 620). Had objection been made, there was no reasonable view of the evidence upon which the jury could have found defendant had committed reckless manslaughter (CPL 300.50 [1]; People v Green, 56 NY2d 427; People v Smith, 87 AD2d 640). Weinstein, J. P., Rubin, Lawrence and Kunzeman, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.