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PEOPLE v. ALLEN

No. 206.

24 N.Y.3d 441 (2014)

24 N.E.3d 586

999 N.Y.S.2d 350

2014 NY Slip Op 08222

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRELL ALLEN, Appellant.

Court of Appeals of New York.

Decided November 25, 2014.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Angie Louie of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Nancy Fitzpatrick Talcott and John M. Castellano of counsel), for respondent.

OPINION OF THE COURT

The primary issue presented by this appeal is whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. We hold that such error must be preserved, and find that none of the other issues raised by defendant...

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