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People v. Darby

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 678 (N.Y. App. Div. 1987)

Opinion

May 18, 1987

Appeal from the County Court, Westchester County (Martin, J.).


Ordered that the judgments are affirmed.

The defendant's contentions with regard to the admission into evidence of a certain tape recording and the court's charge on the defense of agency are not preserved for appellate review, and we decline to reach them in the interest of justice (see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022; People v. Thomas, 108 A.D.2d 884).

With regard to the sentences, we find no violation of the defendant's constitutional rights (see, People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950; People v. Donovan, 89 A.D.2d 968, affd 59 N.Y.2d 834). Mollen, P.J., Thompson, Brown and Rubin, JJ., concur.


Summaries of

People v. Darby

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1987
130 A.D.2d 678 (N.Y. App. Div. 1987)
Case details for

People v. Darby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY DARBY, Appellant

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

Date published: May 18, 1987

Citations

130 A.D.2d 678 (N.Y. App. Div. 1987)