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PEOPLE v. CABAN

129 A.D.2d 721 (1987)

The People of the State of New York, Respondent, v. Jamie Caban, Appellant

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

April 20, 1987

Ordered that the judgment is affirmed.

The defendant waived his objection that the indictment was duplicitous by failing to raise the issue before the trial court (see, People v Branch, 73 A.D.2d 230, 234-235). While a claim that an indictment is jurisdictionally defective may be raised for the first time on appeal "an indictment is jurisdictionally defective only if it does not effectively charge the defendant with...

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