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People v. Virgo

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1993
197 A.D.2d 458 (N.Y. App. Div. 1993)

Opinion

October 26, 1993

Appeal from the Supreme Court, New York County, Herbert Altman, J., Richard Failla, J.


Defendant failed to preserve for appellate review as a matter of law the issue of whether the trial court erred in its instruction concerning the jury's consideration of the evidence against each defendant separately (People v. Thomas, 50 N.Y.2d 467), and we decline to review in the interest of justice. Were we to consider the issue, we would find the charge, considered in its entirety, proper.

Defendant's contention that his conviction for robbery in the first degree should be reduced to one for robbery in the second degree because the evidence did not establish serious physical injury is also unpreserved for appellate review, and we decline to review it in the interest of justice. Were we to review this contention, we would find it to be without merit since the evidence established a severe nasal fracture, consequent surgery and residual impairment.

We have considered defendant's remaining contentions and find them meritless.

Concur — Murphy, P.J., Kupferman, Ross and Rubin, JJ.


Summaries of

People v. Virgo

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1993
197 A.D.2d 458 (N.Y. App. Div. 1993)
Case details for

People v. Virgo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK VIRGO, Appellant

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

Date published: Oct 26, 1993

Citations

197 A.D.2d 458 (N.Y. App. Div. 1993)
604 N.Y.S.2d 710

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