expanded instruction in New York

2023We therefore find that his due process argument is also unpreserved for our review ( see People v Waheed , 176 AD3d 1510 , 1513 [3d Dept 2019], lv denied 34 NY3d 1133 [2020]; People v Carpio , 39 AD3d 433 , 433 [1st Dept 2007], lv denied 9 NY3d 873 [2007]).

2017(See People v De Lucia, 20 NY2d 275 [1967]; see also People v Maragh, 94 NY2d 569 [2000].) In addition to the two issues consented to by the People, the court expanded the hearing to include an inquiry into a third juror’s alleged disclosure of personal insight regarding a barbershop that figured into the prosecution’s theory of the case.

1997The court’s instruction conveyed the substance of CPL 300.10 (2), without in any way qualifying or weakening defendant’s privilege against self-incrimination (see, People v Anderson, 168 AD2d 360 , lv denied 78 NY2d 953 ).

1995Defendant raised no objection to the instruction, which, in any event, did not convey to the jury that the defendant should have testified (People v Autry, 75 NY2d 836, 839 ).

1995It was not an improvident exercise of the court’s discretion to deny the defendant’s motion to withdraw his guilty pleas without conducting an expanded inquiry into the matters (see, People v Dickerson, 163 AD2d 610 ).

1990The defendant’s contention that the jury should have been given an expanded instruction on the issue of whether his vehicle constituted a place of business is unpreserved for appellate review (see, People v Holzer, 52 NY2d 947 ).

1990With respect to the identification charge, the court granted defendant’s request for an expanded instruction (People v Whalen, 59 NY2d 273, 279 ) which adequately instructed the jury on weighing a witness’s credibility and apprised the jury that identification must be proved beyond a reasonable doubt.

1990Having failed to object to the supplemental instruction on identification, defendant has waived any appellate challenge to it as a matter of law (People v Contes, 60 NY2d 620 ).

1988What DEC has done is to prescribe a fixed general procedure which it applies without regard to other facts and circumstances, the clear indicia of a rule or regulation (see, Matter of Roman Catholic Diocese v New York State Dept. of Health, 66 NY2d 948, 951 ; State Administrative Procedure Act § 102 [2] [a]).

1982A guide as to the liberal direction taken by the appellate courts is found in Zayas v Morales ( 45 AD2d 610 ), where the court expanded the rule as to disclosure of eyewitnesses to include notice witnesses.

1936And since experience is of all teachers the most dependable, and since experience also is a continuous process, it follows that a rule of evidence at one time thought necessary to the ascertainment of truth should yield to the experience of a succeeding generation whenever that experience has clearly demonstrated the fallacy or unwisdom of the old rule.” (Funk v. United States, 290 U. S. 371, 381 .) That evidence is competent, showing that a defendant received or held other stolen cars, knowing them to have been stolen, although not received from the same thief or from any thief, finds ample s