Opinion
Argued January 12, 1979
Decided March 29, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANK R. BAYGER, J.
Joseph A. Shifflett and Nathaniel A. Barrell for appellant.
Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Inasmuch as defendant failed to object to the verdict as returned by the jury, his claim of repugnancy was not preserved for appellate review. (See People v Parks, 59 A.D.2d 543, 544; People v Incherchera, 56 A.D.2d 852; cf. Matter of Oliver v Justices of N.Y. Supreme Ct. of N.Y. County, 36 N.Y.2d 53, 58; People v Quilles, 48 A.D.2d 933.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.
Order affirmed in a memorandum.