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People v Brown (Joyce)
2004 NY Slip Op 50404(U)
Decided on February 23, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 23, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.


THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against-

against

JOYCE BROWN,


Appellant.


Appeal by defendant from a judgment of the Criminal Court, Kings County (T. Faber, J.), rendered April 16, 2002, after a jury trial, convicting her of menacing in the third degree (Penal Law § 120.15 ) and harassment in the second degree (Penal Law § 240.26 [1]), and imposing sentence.

Judgment of conviction unanimously affirmed.

Defendant contends that the trial court erred in permitting the People to amend, prior to trial, the accusatory instrument to add attempt charges and the menacing in the third degree charge (see CPL 100.45 [3]). However, we find that defendant has failed to preserve this issue for appellate review since she did not object to the amendment in the trial court (see CPL 470.05 [2]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).
Decision Date: February 23, 2004