Majority
Because defense counsel did not alert the trial court that it had not instructed the jury with regard to limiting its deliberations to the operability of the weapon at the time of the incident, as the court had indicated it would at the precharge conference, the court was prevented from rectifying the error and the defendant must be deemed to have waived any objection to the instruction provided (see, People v Whalen, 59 NY2d 273 ). In any event, the evidence of the defendant’s possession of a weapon at the time of the incident and its operability was overwhelming and, therefore, any error in the charge was harmless (see, People v Crimmins, 36 NY2d 230 ).
Nor was the defendant deprived of a fair trial by the trial court’s refusal to grant his request to marshal the evidence with regard to the unusual nature of the weapon and the ammunition required to make it operable. The Judge’s in
Cases cited
- People v. Whalen 59 NY2d 273 p. 651
- People v. Crimmins 36 NY2d 230 p. 651
- People v. Saunders 64 NY2d 665 p. 652
- People v. Culhane 45 NY2d 757 p. 652
- People v. Knowell 94 AD2d 255 p. 652
- People v. Knowell 127 AD2d 794 p. 652