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People v. Owens
Citations: 231 A.D.2d 901; 648 N.Y.S.2d 406Docket: Appeal No. 1
Court: Appellate Division of the Supreme Court of the State of New York; September 27, 1996; New York; State Appellate Court
Judgment affirmed unanimously. The defendant argued that the County Court erred by not informing him prior to summations that it would consider the lesser included offense of attempted burglary in the second degree when rendering its verdict. However, this argument was not preserved for review, as established in CPL 470.05(2) and referenced cases, including People v Gagliardo and People v Muhammad. The court declined to exercise discretionary power to address the issue in the interest of justice under CPL 470.15(6)(a). The appeal stemmed from a judgment by Monroe County Court, presided over by Judge Maloy, concerning the charge of attempted burglary in the second degree. Judges Green, Pine, Wesley, Callahan, and Davis were involved in the decision.