People v Miller
2006 NY Slip Op 04448 [24 AD3d 1327]
Decided on June 6, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 6, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
2003-09536 DECISION & ORDER

[*1]The People, etc., respondent,

v

Dmitri Miller, appellant. (Ind. No. 1845/02) Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.





Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Phyllis Mintz, and Tziyonah M. Langsam of counsel),
for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered October 2, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

It was not error per se for the Supreme Court to instruct prospective jurors on the law of acting in concert during voir dire (see People v Harper, 32 AD3d 16 [2006] [decided herewith]). Since the defendant did not object to such instructions and, in fact, requested them, the defendant's arguments with respect to the content of those instructions are unpreserved for appellate review (see People v Autry, 75 NY2d 836, 839; People v Gargano, 222 AD2d 694, 695) and have been waived (see People v Delee, 106 AD2d 395).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). [*2]
FLORIO, J.P., CRANE, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court