Opinion
KA 02-00514.
December 31, 2003.
Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered January 10, 2002, convicting defendant after a jury trial of unlawful imprisonment in the second degree and assault in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (DREW R. DU BRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (KELLY CHRISTINE WOLFORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her after a jury trial of assault in the second degree (Penal Law § 120.05) and unlawful imprisonment in the second degree (§ 135.05). We reject the contention of defendant that she was convicted of an unindicted offense ( see People v. Bryan, 270 A.D.2d 875, lv denied 95 N.Y.2d 904; cf. People v. Burns, 303 A.D.2d 1032) . To the extent that defendant contends that the indictment is duplicitous, that contention is not preserved for our review ( see People v. Jennings, 279 A.D.2d 284, lv denied 96 N.Y.2d 830; Bryan, 270 A.D.2d 875; People v. Swackhammer, 260 A.D.2d 939, lv denied 93 N.Y.2d 1028). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Contrary to the further contention of defendant, she received meaningful representation ( see People v. Baldi, 54 N.Y.2d 137, 147).