IN RE SHAIJU KALATHIL, [M-3488] pet, v. HON. DORIS LINGCOHAN, ETC., res

10609. IN RE SHAIJU KALATHIL, [M-3488] pet, v. HON. DORIS LINGCOHAN, ETC., res — SHAIJU KALATHIL, PETITIONER PRO SE. Eric T. Schneiderman, Attorney General, New York (Andrew H. Meier of counsel), for res — THE ABOVE-NAMED PETITIONER HAVING PRESENTED AN APPLICATION TO THIS COURT PRAYING FOR AN ORDER, PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES, NOW, UPON READING AND FILING THE PAPERS IN SAID PROCEEDING, AND DUE DELIBERATION HAVING BEEN HAD THEREON, IT IS UNANIMOUSLY ORDERED THAT THE APPLICATION BE AND THE SAME HEREBY IS DENIED AND THE PETITION DISMISSED, WITHOUT COSTS OR DISBURSEMENTS. MAZZARELLI, J.P., SWEENY, RENWICK, RICHTER, JJ. 8395PEOPLE, res, v. VICTORIA CHIN, def-ap — Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for res — Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 22, 2009, convicting defendant, after a jury trial, of burglary in the second degree and grand larceny in the third degree, and sentencing her to concurrent terms of 6 years and 2 1/3 to 7 years, respectively, unanimously affirmed.

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10609. IN RE SHAIJU KALATHIL, [M-3488] pet, v. HON. DORIS LINGCOHAN, ETC., res — SHAIJU KALATHIL, PETITIONER PRO SE. Eric T. Schneiderman, Attorney General, New York (Andrew H. Meier of counsel), for res — THE ABOVE-NAMED PETITIONER HAVING PRESENTED AN APPLICATION TO THIS COURT PRAYING FOR AN ORDER, PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES, NOW, UPON READING AND FILING THE PAPERS IN SAID PROCEEDING, AND DUE DELIBERATION HAVING BEEN HAD THEREON, IT IS UNANIMOUSLY ORDERED THAT THE APPLICATION BE AND THE SAME HEREBY IS DENIED AND THE PETITION DISMISSED, WITHOUT COSTS OR DISBURSEMENTS. MAZZARELLI, J.P., SWEENY, RENWICK, RICHTER, JJ. 8395PEOPLE, res, v. VICTORIA CHIN, def-ap — Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for res — Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 22, 2009, convicting defendant, after a jury trial, of burglary in the second degree and grand larceny in the third degree, and sentencing her to concurrent terms of 6 years and 2 1/3 to 7 years, respectively, unanimously affirmed.

Defendant failed to preserve her argument that the court should have charged the jury that it could acquit her even if it did not believe the defense witnesses, and we decline to review it in the interest of justice. Although defendant joined in a codefendant’s objection to the court’s charge, that objection did not preserve the particular issue defendant raises on appeal. As an alternative holding, we find that the court properly instructed the jury that the burden of proof always remained on the People, and that the fact that the defense called witnesses did not shift the burden of proof. Viewed as a whole (see generally People v. Umali, 10 NY3d 417, 427 [2008]), the court’s charge gave the jury the same information that defendant claims should have been given.

IN RE SHAIJU KALATHIL, [M-3488] pet, v. HON. DORIS LINGCOHAN, ETC., res

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