People v. Hoke, 62 N.Y.2d 1022 (1984)

A defendant preserves an objection to a jury charge when the trial court expressly denies a requested charge, and no further explanation is required to avoid waiving the error.

Summary

This case concerns the preservation of objections to jury instructions in New York criminal procedure. The defendant requested a specific alibi charge that the People had the burden of disproving the alibi beyond a reasonable doubt, which the trial court denied. The Appellate Division reversed the conviction, finding that the alibi charge improperly shifted the burden of proof to the defendant. The Court of Appeals addressed whether the defendant adequately preserved his objection to the jury charge for appellate review. The Court of Appeals held the objection was not preserved because the defendant failed to specifically object to the charge given after it was delivered.

Facts

The defendant was prosecuted for attempted robbery and raised an alibi defense, claiming he was not present at the scene of the crime. Prior to the jury charge, the defendant requested a specific instruction stating the People had the burden of disproving the alibi beyond a reasonable doubt. The trial judge expressly denied the defendant’s request.

Procedural History

The trial court convicted the defendant. The Appellate Division reversed the conviction on the law, finding that the alibi charge improperly shifted the burden of proof to the defendant. The Court of Appeals reversed the Appellate Division’s order, holding that the defendant did not properly preserve his objection to the jury charge.

Issue(s)

Whether a defendant preserves a claim of error regarding a jury instruction when the defendant’s request for a specific charge is expressly denied, but the defendant fails to object specifically to the charge as given.

Holding

No, because to preserve a claim of error for appellate review in New York, a party must make their position known to the court, affording the court an opportunity to correct the error. A general objection is insufficient when the court has already ruled on a specific request.

Court’s Reasoning

The Court of Appeals majority held that the defendant did not preserve the issue for appellate review. While the defendant initially requested a specific alibi charge, after the judge gave the jury charge, the defense counsel only made a general objection, stating he was renewing previously mentioned requests. The Court of Appeals stated, “To hold that the general objection sufficed to preserve the error would be to undermine the policy considerations which prompted the enactment of CPL 470.05 (subd 2), namely, to provide the trial court with an opportunity to correct claimed error at a time when it could do so, without necessarily aborting the trial and without subjecting the People to the necessity of a new trial.”

The dissent, authored by Chief Judge Cooke, argued that the defendant’s request for a specific charge, which was expressly denied, was sufficient to preserve the issue for appeal. The dissent cited CPL 470.05 (subd 2), which states that a party who has unsuccessfully requested a particular ruling is deemed to have protested the court’s ultimate disposition, regardless of whether any actual protest was registered. The dissent maintained that once a request to charge is denied, no further objection is necessary, as the judge is on notice that the defendant views any deviation from the requested charge as error. The dissent reasoned that the majority was carrying the concept of preservation too far and emphasized the importance of ensuring that the jury is properly instructed on the applicable law.