PEOPLE v. MATHIS


278 A.D.2d 803 (2000)

719 N.Y.S.2d 419

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY MATHIS, Appellant. (Appeal No. 2.)

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

Decided December 27, 2000.


Judgment unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his contention that all of the counts of the indictment are duplicitous (see, CPL 470.05 [2]; People v Schultz, 266 A.D.2d 919, 919-920, lv denied 94 N.Y.2d 906), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). The...

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