Court of Appeals of New York

In this case, defendant was convicted and sentenced for murder, attempted murder, two criminal possession of a weapon counts, and menacing. Defendant asserts that the count of the indictment charging him with attempted murder was rendered duplicitous due to events that unfolded during the course of the trial. Defendant, however, did not preserve his duplicity argument. Judgment is affirmed, where: 1) a duplicity argument based on trial evidence must be preserved for appeal when the count is not duplicitous on the face of the indictment; and 2) none of the other issues raised by defendant warrant reversal.

Appellate Information

• Decided 11/25/2014
• Published 11/25/2014

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel