People v. Retti

—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered February 16, 1993, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant’s claim that the indictment was duplicitous is not merely unpreserved, but was waived by his trial strategy. First, he succeeded in persuading the court to instruct the jury in a manner that would heighten the People’s difficulty in proving their case. Although the subject count against defendant could…