People v Canales

People v Canales 2015 NY Slip Op 06358 Decided on July 29, 2015 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 29, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
2011-04782
(Ind. No. 3196/09)

[*1]The People of the State of New York, respondent,

v

Anthony Canales, appellant.

Lynn W. L. Fahey, New York, N.Y. (William A. Loeb of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of Supreme Court, Kings County (Dwyer, J.), rendered May 16, 2011, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the Supreme Court's instructions to the jury in connection with the count of conspiracy in the second degree (see CPL 470.05[2]; Penal Law § 105.15). In any event, the court's charge, taken as a whole, conveyed the correct standard to the jury (see People v Drake, 7 NY3d 28, 32; People v Fields, 87 NY2d 821).

SKELOS, J.P., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER: Aprilanne Agostino Clerk of the Court