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PEOPLE v. DAVIS

182 A.D.2d 771 (1992)

The People of the State of New York, Respondent, v. Victor Davis, Appellant

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

April 20, 1992

Ordered that the judgment is affirmed.

The defendant's contention that his felony murder conviction should be reversed and the indictment dismissed because the evidence was legally insufficient to establish that the underlying felony took place has not been preserved for appellate review, as the defendant failed to advance this argument before the trial court in support of his motion to dismiss the indictment (see

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