PEOPLE v. POOLE


171 A.D.2d 1041 (1991)

The People of the State of New York, Respondent, v. Robert W. Poole, Appellant

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

March 8, 1991


Judgment unanimously affirmed.

Memorandum:

Defendant contends that Penal Law § 240.20 (3) is unconstitutional and thus his conviction for disorderly conduct should be dismissed. Where, as here, defendant failed to raise the constitutional challenge to the statute in the trial court, the issue is not properly before this Court for appellate review (People v Ruz, 70 N.Y.2d 942; Matter of McGee v Korman,...

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