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People v. Torres

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 868 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Cayuga County Court, Corning, J. — Criminal Possession Stolen Property, 4th Degree.


Judgment unanimously affirmed.

Memorandum:

The verdict is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). County Court did not abuse its discretion in denying defendant's motion for a severance; the core of codefendant's defense is not in irreconcilable conflict with that of defendant (see, People v. Mahboubian, 74 N.Y.2d 174, 184). By failing to object to the charge, defendant failed to preserve for our review his present argument that the charge was erroneous (see, CPL 470.05), and we decline to exercise our power to review that argument as a matter of discretion in the interest of justice (see, CPL 470.15).

PRESENT: DENMAN, P. J., GREEN, HAYES, PIGOTT, JR., AND SCUDDER, JJ.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 868 (N.Y. App. Div. 1999)
Case details for

People v. Torres

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ENRIQUE TORRES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 1999

Citations

265 A.D.2d 868 (N.Y. App. Div. 1999)
696 N.Y.S.2d 726

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