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People v. Bynum

70 N.Y.2d 858 Court N.Y. Decision date 1987-11-24 English

Contents

Majority

p. 858
The People of the State of New York, Respondent, v Gregory Bynum, Appellant.
Argued October 14, 1987;
decided November 24, 1987
p. 859
APPEARANCES OF COUNSEL
Marsha Taubenhaus and Philip L. Weinstein for appellant.
Robert M. Morgenthau, District Attorney (Gregory H. Mansfield and Norman Barclay of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted of robbery in the second degree (Penal Law § 160.10 [2] [b]). The only issue defendant urges on this appeal — that the People failed to establish that the object he displayed to the victim appeared to be a lethal weapon— was not asserted at trial, and therefore has not been preserved for our review.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.