| People v Fraiser |
| 2009 NY Slip Op 00554 [58 AD3d 866] |
| January 27, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Alfred Fraiser, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andBrooke A. Russakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.),rendered February 15, 2000, as amended by the same court (Murphy, J.), July 13, 2006,convicting him of robbery in the third degree, grand larceny in the fourth degree, petit larceny,criminal possession of stolen property in the fifth degree, and menacing in the second degree,upon a jury verdict, and imposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant's claim that the court erred in failing to elaborate in its jury charge on themeaning of the term "deprive" is unpreserved for appellate review (see CPL 470.05 [2];People v Robinson, 27 AD3d492 [2006]; People v Burch, 188 AD2d 479, 480 [1992]; People v Roach,188 AD2d 494 [1992]). In any event, inasmuch as there is no reasonable view of theevidence under which the defendant did not intend to permanently deprive the complainant ofthe property, the defendant's challenge to the court's charge as given is without merit (seePeople v Watts, 57 NY2d 299, 301 [1982]; cf. CJI2d[NY] Penal Law § [*2]155.25; CJI2d[NY] Penal Law art 160, Introductory Instruction toEach Robbery Charge, n 2). Fisher, J.P., Miller, Carni and Balkin, JJ., concur.