People v. Pilgrim, 52 N.Y.2d 730 (1980)
A defendant must object to errors at trial to preserve those errors for appellate review.
Summary
The defendant was convicted of criminal sale of a controlled substance. On appeal, he argued that venue was improperly laid in Nassau County and that the trial court erred in failing to submit the venue issue to the jury. The New York Court of Appeals affirmed the conviction, holding that there was sufficient evidence of transactions in Nassau County to support the convictions. The Court further held that the defendant failed to preserve the venue issue for appellate review because he neither requested that the issue be submitted to the jury nor took exception to the court’s failure to do so.
Facts
The defendant was indicted on multiple counts, including criminal sale of a controlled substance in the first and second degrees. Counts 1 and 4 of the indictment were submitted to the jury on theories both of completed sale and agreements to sell. The defendant was convicted on these counts. The defendant appealed, arguing that venue was improperly laid in Nassau County.
Procedural History
The trial court denied the defendant’s application to dismiss the counts on the ground that venue was improperly laid in Nassau County. The defendant appealed this decision to the Appellate Division, which affirmed the conviction. The defendant then appealed to the New York Court of Appeals.
Issue(s)
1. Whether there was sufficient evidence of transactions in Nassau County to support the convictions for criminal sale of a controlled substance based on agreements to sell made in that county.
2. Whether the defendant preserved the issue of the trial court’s failure to submit the venue issue to the jury for appellate review.
Holding
1. Yes, because the record contained sufficient evidence of transactions in Nassau County to support convictions on the basis of agreements to sell made in that county.
2. No, because the defendant neither requested that the issue be submitted to the jury nor took exception to the court’s failure to do so.
Court’s Reasoning
The Court of Appeals found that the record contained sufficient evidence of transactions in Nassau County to support the convictions. The court reasoned that the trial court did not err when it denied the defendant’s application to dismiss the counts on the ground that venue was improperly laid in Nassau County.
Regarding the failure to submit the venue issue to the jury, the court emphasized the importance of preserving issues for appellate review. The court stated that “defendant neither requested such submission nor took exception to the court’s failure to submit the issue to the jury, his claim of error, if any, has not been preserved for our review.” This highlights the general rule that errors must be brought to the trial court’s attention, giving the court an opportunity to correct them. Failure to do so constitutes a waiver of the right to raise the issue on appeal. This rule promotes efficiency in the judicial process and prevents defendants from strategically withholding objections only to raise them later if they are convicted. The absence of a request or an exception indicated to the trial court that the defendant was satisfied with the charge as given and thus, the defendant could not later claim error.