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

Summary

The Court held that a duplicity argument based on trial evidence must be preserved for appeal even when the indictment is not facially duplicitous. It affirmed the lower court's judgment, finding the lineup identification error harmless and concluding the trial court did not abuse discretion in excluding extrinsic impeachment evidence. The Court rejected the Fourth Department’s contrary view and affirmed the Appellate Division’s order.