PEOPLE v. VIRGO


197 A.D.2d 458 (1993)

604 N.Y.S.2d 710

The People of the State of New York, Respondent, v. Mark Virgo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1993


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,...

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