PEOPLE v. KELLMAN

545/12, 4551, 4550.

154 A.D.3d 410 (2017)

60 N.Y.S.3d 814

2017 NY Slip Op 06887

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAVETTE KELLMAN, Appellant.

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

Decided October 3, 2017.


Review of defendant's challenge to the sufficiency of the evidence presented to the grand jury is foreclosed by statute (CPL 210.30 [6]). To the extent defendant is also claiming that the indictment was facially insufficient, that claim is without merit.

Defendant's challenge to the sufficiency of the trial evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the evidence amply established that the...

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