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People v. Olewine

Appellate Division of the Supreme Court of New York, Fourth Department
Aug 10, 1990
164 A.D.2d 971 (N.Y. App. Div. 1990)

Opinion

August 10, 1990

Appeal from the Erie County Court, McCarthy, J.

Present — Callahan, J.P., Doerr, Denman, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The statements of the codefendant, made to others in the presence of the defendant and not denied by her, were properly admitted into evidence (see, People v Baldassara, 151 A.D.2d 1004, lv denied 74 N.Y.2d 845; People v Lord, 103 A.D.2d 1032, 1033). By failing to raise the argument that the acquittal on the charge of felony murder was inconsistent with the conviction on the charge of burglary in the second degree before the jury was discharged, defendant has failed to preserve that issue for review (see, People v Alfaro, 66 N.Y.2d 985, 987). That argument is without merit because the jury's determination that the affirmative defense to felony murder had been established does not negate an essential element of the charge of burglary in the second degree (see, People v Tucker, 55 N.Y.2d 1, 7). Upon our independent review of the record, we find that the evidence is sufficient to support the verdict and that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490).


Summaries of

People v. Olewine

Appellate Division of the Supreme Court of New York, Fourth Department
Aug 10, 1990
164 A.D.2d 971 (N.Y. App. Div. 1990)
Case details for

People v. Olewine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACKIE OLEWINE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Aug 10, 1990

Citations

164 A.D.2d 971 (N.Y. App. Div. 1990)
559 N.Y.S.2d 766

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