People v. Velez, 51 N.Y.2d 725 (1980)
Failure to object to a jury instruction at trial generally forfeits the right to appellate review of that instruction as a matter of law, unless the appellate court chooses to exercise its discretion to review the error in the interest of justice.
Summary
The New York Court of Appeals reversed the Appellate Division’s order, which had reversed the defendant’s conviction due to the trial court’s failure to instruct the jury on the presumption of innocence. Because the defendant did not object to the omission at trial, the Court of Appeals held that the Appellate Division erred in reversing the conviction as a matter of law. The case was remitted to the Appellate Division to decide whether it should exercise its discretionary power to review the unpreserved error.
Facts
The specifics of the underlying criminal charges against Velez are not provided in this short per curiam opinion. The critical fact is that the trial court omitted to instruct the jury regarding the presumption of innocence. Critically, the defense counsel did not object to the omission of this charge at the time of trial.
Procedural History
The defendant was convicted at trial. The Appellate Division reversed the conviction, holding that the trial court’s failure to charge the jury on the presumption of innocence necessitated reversal as a matter of law. The People appealed to the New York Court of Appeals.
Issue(s)
Whether the Appellate Division erred in reversing the defendant’s conviction as a matter of law based on the trial court’s failure to charge the jury on the presumption of innocence, when the defendant did not object to the omission at trial.
Holding
Yes, because the absence of an objection at trial generally means the alleged error is unpreserved for appellate review as a matter of law. However, the Appellate Division has discretion to review unpreserved errors in the interest of justice.
Court’s Reasoning
The Court of Appeals held that because the defendant did not object to the trial court’s failure to instruct the jury on the presumption of innocence, the Appellate Division’s reversal of the conviction as a matter of law was in error. The court cited People v. Cona, 49 NY2d 26 and People v. Thomas, 50 NY2d 467, 472. The Court emphasized that absent a timely objection, the Appellate Division should only reverse if it chooses to exercise its discretionary powers to review the alleged error. The Court stated it would be inappropriate to express an opinion on the merits of the defendant’s claim regarding the missing jury instruction because it was not properly preserved in the trial court. The decision underscores the importance of making timely objections at trial to preserve issues for appellate review, and it clarifies the scope of an appellate court’s discretion to review unpreserved errors.