10 N.Y.3d 819 (2008)
A defendant’s failure to object to erroneous jury instructions regarding multiple acts that could constitute the charged crime results in a waiver of the claim on appeal, provided the indictment itself is valid and sufficiently specific.
Summary
Curtis Mitchell was convicted of burglary and possession of burglar’s tools. The indictment charged him with one count of burglary based on an incident on August 28, 2004. At trial, the prosecution presented evidence of two separate entries into the same building on that date. The trial court instructed the jury that they could convict based on either entry, as long as they were unanimous as to at least one. Mitchell did not object. On appeal, Mitchell argued that the conviction should be reversed because the jury could have convicted him based on an entry not specifically charged in the indictment. The New York Court of Appeals affirmed the conviction, holding that Mitchell waived his objection to the jury instructions by failing to raise it at trial.
Facts
A building superintendent observed Mitchell and a co-defendant prying open the door of a building at 18 East 16th Street in Manhattan around 1:30 AM on August 28, 2004. They entered and later exited. Approximately two hours later, the superintendent saw them repeat the process at the same location. This time, police intercepted them after they left the building. Mitchell was carrying a knapsack containing tools commonly used for burglary, including gloves, a flashlight, a screwdriver, and a chisel.
Procedural History
The grand jury indicted Mitchell on one count of burglary and one count of possession of burglar’s tools. At trial, the People presented evidence of both entries into the building. The trial court instructed the jury that it could convict based on the first, second, or both entries, provided they were unanimous as to at least one. Mitchell did not object to the jury instructions. The jury found Mitchell guilty. Mitchell appealed, arguing that the jury instructions were improper because he was only indicted on one count of burglary. The Appellate Division affirmed. The New York Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether a defendant’s failure to object to erroneous jury instructions at trial, where the jury was permitted to consider multiple acts to support a single count of burglary in the indictment, constitutes a waiver of the objection on appeal.
Holding
Yes, because while a valid and sufficient accusatory instrument is a nonwaivable jurisdictional prerequisite to a criminal prosecution, the indictment in this case was valid and sufficient, and the defendant failed to preserve the objection to the jury instructions by raising it at trial.
Court’s Reasoning
The Court of Appeals reasoned that the indictment was valid because it charged Mitchell with burglary on a specific date at a specific location. While the prosecution presented evidence of two distinct burglaries, each conformed to the details specified in the indictment. The court emphasized that because there was no jurisdictional defect (i.e., the indictment was facially valid), Mitchell was required to object to the erroneous jury instructions at trial to preserve the issue for appeal. His failure to object constituted a waiver. The Court distinguished this situation from one where the indictment itself is fundamentally flawed, which would be a nonwaivable jurisdictional defect. The court implicitly reinforced the importance of timely objections to ensure fair trials and prevent strategic sandbagging by defendants. The court stated, “Although, as defendant argues, a valid and sufficient accusatory instrument is a nonwaivable jurisdictional prerequisite to a criminal prosecution, here there is no jurisdictional infirmity…Because there is no jurisdictional error, defendant was required to object to the judge’s erroneous jury instructions in order to avoid waiver.”