People v. Anders

192 A.D.2d 392, 597 N.Y.S.2d 590, 1993 N.Y. App. Div. LEXIS 3714

Opinion

—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered February 21, 1990, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him as a predicate felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.

Defendant’s claim that the indictment was duplicitous is unpreserved for review as a matter of law, defendant having failed to make a pretrial motion to dismiss the indictment or to object to the submission of the count to the jury (People v Iannone, 45 NY2d 589, 600), and we decline to reach it in the interest of justice. If we were to reach the issue, we would find that defendant was not prejudiced by a charge that was more favorable to him.

We have considered defendant’s other arguments and find them to be without merit. Concur — Murphy, P. J., Ellerin, Wallach and Asch, JJ.