PEOPLE v. TURNER


187 A.D.2d 469 (1992)

The People of the State of New York, Respondent, v. Clinton Turner, Appellant

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

November 2, 1992


Ordered that the judgment is affirmed.

On appeal, the defendant contends that the evidence was legally insufficient to support his conviction of robbery in the first degree and grand larceny in the fourth degree because the indictment charged him with acting in concert with other persons, when in fact the prosecution proceeded at trial on the theory of his culpability as a principal. This contention is unpreserved for appellate review, as the issue was not raised...

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