PEOPLE v. MORGAN


61 A.D.3d 895 (2009)

876 N.Y.S.2d 872

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL MORGAN, Appellant.

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

Decided April 21, 2009.


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction of conspiracy in the fourth degree because there was no evidence that an overt act had been committed in furtherance of the conspiracy is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484 [2008]). In any...

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