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People v. Benn

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1985
112 A.D.2d 376 (N.Y. App. Div. 1985)

Opinion

July 22, 1985

Appeal from the Supreme Court, Kings County (Deeley, J.).


Judgment affirmed.

Defendant argues for the first time on appeal that the trial court erroneously allowed the prosecutrix to introduce extrinsic evidence to prove that an alibi witness had not accompanied him to court on certain dates. As no objection to this evidence was advanced at trial, this matter is unpreserved for appellate review (CPL 470.05; see, People v. Thomas, 50 N.Y.2d 467). Similarly unpreserved due to failure to object is defendant's contention that the prosecutrix erred in asking two defense witnesses whether they had previously informed law enforcement officials of exculpatory information ( People v. Colarco, 52 N.Y.2d 801; People v. Wilson, 105 A.D.2d 815). Moreover, our review of the record reveals no basis for the exercise of our interest of justice jurisdiction with respect to these errors.

We have considered such other of defendant's contentions as have been preserved for our review and find them to be lacking in merit. Brown, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Benn

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1985
112 A.D.2d 376 (N.Y. App. Div. 1985)
Case details for

People v. Benn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMELL BENN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 22, 1985

Citations

112 A.D.2d 376 (N.Y. App. Div. 1985)