People v. Olewine

Judgment unanimously affirmed. Memorandum: The statements of the codefendant, made to others in the presence of the defendant and not denied by her, were properly admitted into evidence (see, People v Baldassara, 151 AD2d 1004, lv denied 74 NY2d 845; People v Lord, 103 AD2d 1032, 1033). By failing to raise the argument that the acquittal on the charge of felony murder was inconsistent with the conviction on the charge of burglary in the second degree before the jury was discharged, defendant has failed to preserve that issue for review (see, People v Alfaro, 66 NY2d 985, 987). That argument…