| People v Murtaugh |
| 2008 NY Slip Op 02325 [49 AD3d 1242] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Angelique M. Murtaugh, Appellant. |
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Donald H. Dodd, District Attorney, Oswego (Donald E. Todd of counsel), for
respondent.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered September 20, 2006. The judgment convicted defendant, upon a jury verdict, of forgery in the second degree (two counts) and petit larceny (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her upon a jury verdict of two counts each of forgery in the second degree (Penal Law § 170.10 [1]) and petit larceny (§ 155.25), defendant challenges the sufficiency of the factual allegations supporting the forgery counts in the indictment (see CPL 200.50 [7]). Defendant failed to preserve that challenge for our review (see People v Iannone, 45 NY2d 589, 600 [1978]; People v Soto, 44 NY2d 683, 684 [1978]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). The verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.