Appellate Division of the Supreme Court of the State of New York April 29, 2002 (People v. Hackney)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered January 19, 2000, convicting him of rape in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not object to the court’s omitting from its charge to the jury the caveat under Penal Law 130.