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People v. Palumino

172 A.D.2d 568 Court N.Y. App. Div. Decision date 1991-04-01 English

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p. 568
The People of the State of New York, Respondent, v Charles Palumino, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (G. Aronin, J.), rendered March 22, 1988, convicting him of robbery in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the verdict sheet submitted to the jury deprived him of a fair trial is unpreserved for appellate review as a matter of law since he failed to object to its submission (see, People v Martinez, 150 AD2d 612 ; People v Ribowsky, 156 AD2d 726 ) and we decline to review it in the exercise of our interest of justice jurisdiction, given the overwhelming evidence of the defendant’s guilt (see, People v

p. 569
Mathis, 150 AD2d 613 ; People v McKenzie, 148 AD2d 472 ). Thompson, J. P., Eiber, Balletta and O’Brien, JJ., concur.

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