People v. Chislum
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of murder in the second degree (Penal Law § 125.25 [1], [3]) and other crimes, defendant contends that he was deprived of a fair trial by prosecutorial misconduct and an erroneous jury charge. Because defendant failed to object to any of the alleged instances of prosecutorial misconduct and to the charge as given, that contention is unpreserved for our review (see, CPL 470.05 [2]). Were we to exercise our power to review the contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]), we
Defendant further contends that Supreme Court erred in its charge. Defendant consented to that charge, thereby waiving any claim of error. Defendant’s sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Monroe County, Scudder, J.—Murder, 2nd Degree.) Present— Pine, J. P., Lawton, Hayes, Wisner and Fallon, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.