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PEOPLE v. UDZINSKI

146 A.D.2d 245 (1989)

The People of the State of New York, Respondent, v. Rick S. Udzinski, Appellant

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

April 17, 1989.

Attorney(s) appearing for the Case

John F. Middlemiss, Jr. (Anna M. Perry of counsel), for appellant, and appellant pro se.

Patrick Henry, District Attorney (Arthur P. Scheuermann of counsel), for respondent.

THOMPSON, J. P., EIBER and SPATT, JJ., concur.

BRACKEN, J.

The principal question in this case is whether an error in a jury charge, which the defendant claims constituted a violation of his constitutional right to be tried only upon theories charged in the indictment, is reviewable as a matter of law in the absence of a timely objection. We hold that it is not, and affirm the conviction.

"A person is...

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