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PEOPLE v. McFADDEN

232 A.D.2d 660 (1996)

648 N.Y.S.2d 1022

The People of the State of New York, Respondent, v. Dwayne McFadden, Appellant

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

October 28, 1996

Ordered that the judgments are affirmed.

The defendant did not oppose the People's motion to consolidate the trials of the two indictments, nor did he join in codefendant William Leigh's motion to sever the trials. Thus, the claim that consolidation was improper, made for the first time on appeal, is not preserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 N.Y.2d 858

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