PEOPLE v. GARNER

1184 KA 14-00459.

145 A.D.3d 1573 (2016)

2016 NY Slip Op 08726

43 N.Y.S.3d 838

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINE GARNER, Appellant.

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

Decided December 23, 2016.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of strangulation in the second degree (Penal Law § 121.12) and assault in the third degree (§ 120.00 [1]). Defendant failed to preserve for our review his contention that the victim's testimony at trial rendered the indictment duplicitous (see People...

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