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PEOPLE v. OWENS

231 A.D.2d 901 (1996)

648 N.Y.S.2d 406

The People of the State of New York, Respondent, v. Robert Owens, Appellant. (Appeal No. 1.)

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

September 27, 1996

Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in failing to inform him, prior to summations, that it would consider the lesser included offense of attempted burglary in the second degree in rendering its verdict (see, CPL 320.20 [5]). That contention is not preserved for our review (see, CPL 470.05 [2]; People v Gagliardo, 222 A.D.2d 520; People v Muhammad<...

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