Appellate Division of the Supreme Court of New York, 1997

People v. Springs

People v. Springs
Appellate Division of the Supreme Court of New York · Decided April 25, 1997
238 A.D.2d 948; 661 N.Y.S.2d 563; 1997 N.Y. App. Div. LEXIS 4794
People v. Springs

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant’s contention that Supreme Court failed to instruct the jury properly on accessorial liability is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Upon our review of the record, we conclude that the verdict is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment *949of Supreme Court, Erie County, LaMendola, J.—Robbery, 2nd Degree.) Present—Denman, P. J., Green, Callahan, Balio and Boehm, JJ.

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