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People v. Reilly

47 N.Y.2d 860 Court N.Y. Decision date 1979-06-12 English

Contents

Majority

p. 860
The People of the State of New York, Respondent, v Brian Reilly, Appellant.
Argued April 25, 1979;
decided June 12, 1979
APPEARANCES OF COUNSEL
William H. Roth and William E. Hellerstein for appellant.
p. 861
John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Viewing the evidence at trial in the light most favorable to the defendant, we find that the record affords no basis for a charge as to justification. (Penal Law, § 35.15.) Thus, it was not error for the Trial Judge to refuse defendant’s request to so charge the jury. (See People v Stevenson, 31 NY2d 108 , 112-113.)

In our view, defendant’s objections during the cross-examination of a codefendant at trial, having made no reference to the issue now raised, were not sufficient to preserve that issue: namely, whether the prosecutor’s allegedly improper cross-examination unduly prejudiced him.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed in a memorandum.

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