Since the record does not establish that "in response to a protest by a party, the court expressly decided" (CPL 470.05 [2]) the question of whether an amended count of the indictment was duplicitous, that issue is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the amended count charging defendant with criminal possession of a controlled substance in the third degree did not charge two distinct crimes under...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
