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PEOPLE v. DAILEY

222 A.D.2d 278 (1995)

___ N.Y.S.2d ___

The People of the State of New York, Respondent, v. Eugene Dailey, Appellant

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

December 14, 1995

Defendant's claim that the People failed to prove the "taking" of property for an extended period of time, which element he claims the court's instructions on robbery required, is unpreserved for appellate review as a matter of law as defendant failed to challenge the sufficiency of the evidence on this particular ground at trial (People v Gray, 86 N.Y.2d 10), and we decline to review it in the interest of justice. Were we to review...

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