Opinion
April 15, 1993
Appeal from the Supreme Court, New York County (Richard Andrias, J.).
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 N.Y.2d 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.