People v. Lee, 35 N.Y.2d 826 (1974)
To preserve an objection to a jury instruction for appellate review in New York, the party must make their position known to the court at a time when the court has an opportunity to correct the error.
Summary
Defendant Lee appealed his conviction, arguing that the trial court’s jury instruction regarding intoxication as a defense was erroneous because it referred to the voluntary use of drugs when he claimed his drug use was involuntary. The New York Court of Appeals affirmed the Appellate Division’s order, holding that the defendant failed to preserve this specific objection at trial. The Court emphasized that the defendant only took a general exception to the charge on intoxication, without specifically objecting to the characterization of drug use as voluntary. Because the defendant did not give the trial court an opportunity to correct the alleged error, the issue was not properly preserved for appellate review.
Facts
The defendant, Lee, was charged with a crime. At trial, Lee claimed his actions were caused by unknowingly ingesting LSD that had been added to his Coca-Cola. He requested a jury instruction that intoxication is a defense if it prevents the defendant from forming the required criminal intent. The trial judge’s charge included references to the voluntary use of drugs and its impact on the defendant’s capacity to form the necessary criminal intent.
Procedural History
The defendant was convicted at trial. He appealed to the Appellate Division, arguing that the jury instruction was erroneous. The Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order, finding the error was not preserved for review.
Issue(s)
Whether the defendant preserved for appellate review the objection that the trial court incorrectly characterized his drug use as voluntary in its jury instruction on intoxication.
Holding
No, because the defendant did not make his position known to the trial court at a time when the court could have corrected the instruction.
Court’s Reasoning
The Court of Appeals held that the defendant failed to preserve the objection regarding the characterization of drug use as voluntary because he only made a general exception to the intoxication charge. The Court relied on CPL 470.05 (subd 2), which requires a party to make “his position with respect to the * * * instruction known to the court” at a “time when the court had an opportunity of effectively changing the same.” Because the defendant did not specifically object to the voluntary nature of the drug use at trial, the trial court was not given the opportunity to correct the alleged error. The court also addressed the denial of a continuance, determining that the decision was within the trial judge’s discretion.