Majority
p. 839The People of the State of New York, Respondent, v Tony Bonacci, Also Known as Anthony Bonacci, Also Known as Bonnacci, Appellant. [705 NYS2d 543]
—Judgment unanimously affirmed. Memorandum: Defendant’s contention that certain issues of fact were removed from the jury’s consideration by Supreme Court in its charge is not preserved for our review (see, CPL 470.05 [2]). In any event, any error is harmless (see, People v Brewington, 145 AD2d 962 , 963, lv denied 74 NY2d 661 ; see also, People v Dudley, 201 AD2d 664 , lv denied 83 NY2d 871 ). The facts to which the court referred do not es
p. 840
tablish any element of the crime charged (cf., People v Mason, 219 AD2d 681 ; People v Creeden, 210 AD2d 422 , 424). (Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Criminal Mischief, 3rd Degree.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.
Cases cited
- People v. Brewington 145 AD2d 962 at 963 p. 839
- People v. Dudley 201 AD2d 664 p. 839
- People v. Mason 219 AD2d 681 p. 840