People v. Giddens
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that the court did not comply with CPL 270.40 because it failed to instruct the jurors in its preliminary instructions that prior to discharge they were prohibited from arranging for any payment or benefit in return for information concerning the trial and that they had a duty to report any attempt to influence improperly any member of the jury. Defendant, however, did not object to the court’s preliminary instructions. The issue, therefore, has not been preserved for our review and we decline to review it in the interest of justice (see, People v Moore, 161 AD2d 733, 734, lv denied 76 NY2d 895; People v Hickey, 133 AD2d 421, 423; People v Van Etten, 94
The record reveals that defendant’s attorney provided meaningful representation (see, People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 146-147).
Lastly, defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, D’Amico, J. — Burglary, 3rd Degree.) Present — Denman, P. J., Pine, Fallon, Callahan and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.