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People v. McNeil

139 A.D.2d 675 Court N.Y. App. Div. Decision date 1988-04-18 English

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p. 675
The People of the State of New York, Respondent, v Ruby McNeil, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered January 27, 1983, convicting her of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Since defense counsel failed to request a charge on circumstantial evidence and did not object to the charge as given, the issue of the propriety of the charge is unpreserved for our review (CPL 470.05 [2]; People v Ford, 66 NY2d 428 ; People v Teeter, 47 NY2d 1002 ). Nor was it an abuse of discretion to permit the photographs of the crime scene to be introduced into evidence (People v Bell, 63 NY2d 796 ; People v Pobliner, 32 NY2d 356 , cert denied 416 US 905 ; People v Parsons, 112 AD2d 250 ). Eiber, J. P., Kooper, Sullivan and Balletta, JJ., concur.

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