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PEOPLE v. BANDOWELL

267 A.D.2d 72 (1999)

699 N.Y.S.2d 680

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BANDOWELL, Appellant.

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

Decided December 9, 1999.

The record fails to support defendant's argument that his repugnant verdict claim can be deemed preserved, and we decline to review this unpreserved claim in the interest of justice (People v Iannelli, 69 N.Y.2d 684, cert denied 482 U.S. 914). Were we to review this claim, we would find no repugnancy. Defendant's assault conviction under Penal Law § 120.10 (4) did not require that he also be convicted of burglary, because...

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