People v Sudhan
2011 NY Slip Op 03094 [83 AD3d 874]
April 12, 2011
Appellate Division, Second Department
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent,
v
JewelSudhan, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslawof counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered June 26, 2009, convicting him of robbery in the third degree, grandlarceny in the fourth degree (two counts), criminal possession of stolen property in the fourthdegree (two counts), criminal possession of stolen property in the fifth degree (two counts), andconspiracy in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the accomplice's testimony was sufficientlycorroborated (see CPL 60.22 [1]; People v Reome, 15 NY3d 188, 194 [2010]; People v Cortez, 81 AD3d 742[2011]).

The defendant's contention that the Supreme Court erred in its jury instruction for theconspiracy count is not preserved for appellate review (see CPL 470.05 [2]), and wedecline to reach it in the exercise of our interest of justice jurisdiction. Rivera, J.P., Dickerson,Lott and Cohen, JJ., concur.


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