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People v. Bruckman

46 N.Y.2d 1020 Court N.Y. Decision date 1979-03-29 English

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p. 1020
The People of the State of New York, Respondent, v James David Bruckman, Appellant.
Argued January 12, 1979;
decided March 29, 1979
p. 1021
APPEARANCES OF COUNSEL
Joseph A. Shifflett and Nathaniel A. Barrell for appellant.
Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Inasmuch as defendant failed to object to the verdict as returned by the jury, his claim of repugnancy was not preserved for appellate review. (See People v Parks, 59 AD2d 543 , 544; People v Incherchera, 56 AD2d 852 ; cf. Matter of Oliver v Justices of N. Y. Supreme Ct. of N. Y. County, 36 NY2d 53 , 58; People v Quilles, 48 AD2d 933 .)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed in a memorandum.

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