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People v. Fitzgerald

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 666 (N.Y. App. Div. 1990)

Opinion

January 8, 1990

Appeal from the Supreme Court, Kings County (Miller, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the verdict sheet submitted to the jury was not proper is not preserved for appellate review since he failed to object to its submission (see, CPL 470.05; People v. Decambre, 143 A.D.2d 927; People v. Battles, 141 A.D.2d 748; cf., People v. Nimmons, 72 N.Y.2d 830). Since the record establishes the defendant's guilt by overwhelming evidence we decline to review this alleged error in the exercise of our interest of justice jurisdiction (see, People v. Pagan, 152 A.D.2d 756; People v. Lugo, 150 A.D.2d 502; cf., People v. Testaverde, 143 A.D.2d 208). Mangano, J.P., Bracken, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Fitzgerald

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 666 (N.Y. App. Div. 1990)
Case details for

People v. Fitzgerald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD FITZGERALD…

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

Date published: Jan 8, 1990

Citations

157 A.D.2d 666 (N.Y. App. Div. 1990)

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