PEOPLE v. DONNIGAN


31 A.D.3d 576 (2006)

818 N.Y.S.2d 558

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON DONNIGAN, Appellant.

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

July 11, 2006.


Ordered that the judgment is affirmed.

The defendant contends that the application of the permissive statutory presumptions under Penal Law § 265.15 (3) and (4) to the facts of this case was unconstitutional. Although the defendant raised this contention in his motion to set aside the verdict pursuant to CPL 330.30, his failure to raise this contention at trial renders it unpreserved for appellate review (see CPL 470.05 [2]; People v Grossfeld,...

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