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PEOPLE v. MACON

159 A.D.2d 390 (1990)

The People of the State of New York, Respondent, v. Arthur Macon, Appellant

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

March 27, 1990

On March 15, 1986 defendant and an accomplice committed an early morning armed robbery of a Greenwich Village restaurant. Three days later, defendant and an accomplice, again in the early morning, attempted to rob another restaurant.

Defendant's claim that the court failed to instruct the jury not to commingle the evidence concerning the two incidents is unpreserved, and we decline to review it. Were we to review it in...

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