AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR M. JANES, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant did not object to the omission of an alibi charge and thus failed to preserve that issue for our review ( see, CPL 470.05; People v. Whalen, 59 N.Y.2d 273, 279-280; People v. Rivera, 256 A.D.2d 1098; People v. Hale, 124 A.D.2d 1025, lv denied 69 N.Y.2d 881). Also unpreserved for our review is the contention of defendant that there was an insufficient evidentiary foundation for the tape recording ( see, CPL 470.05). In any event, that contention is without merit ( see, People v. Ely, 68 N.Y.2d 520, 527; People v. McGee, 49 N.Y.2d 48, 59, cert denied sub nom. Waters v. New York, 446 U.S. 942; see also, People v. Lubow, 29 N.Y.2d 58, 68; People v. Gandy, 152 A.D.2d 909, lv denied 74 N.Y.2d 896). Upon our review of the tape recording, we conclude that County Court properly exercised its discretion in overruling defendant's inaudibility objection ( see, People v. Scarbrough, 254 A.D.2d 824, lv denied 92 N.Y.2d 1038; People v. Wade, 173 A.D.2d 662; People v. Watson, 172 A.D.2d 882, 883). Finally, the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).

Use AI to get other relevant cases.

Comments

PEOPLE v. JANES
(May 7, 1999)