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People v. Lenoir

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 552 (N.Y. App. Div. 1991)

Opinion

December 16, 1991

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


Ordered that the judgment is affirmed.

We find that the trial court properly admitted the defendant's statements to the police that he might have committed a robbery and might have been at the scene of the crime on the day in question, since these statements tended to disprove his alibi defense that he was working at home all day (see, People v Alvino, 71 N.Y.2d 233; People v Ely, 68 N.Y.2d 520; People v Ventimiglia, 52 N.Y.2d 350; People v Vails, 43 N.Y.2d 364). Although the trial court should have redacted a portion of the defendant's videotaped statement to the Assistant District Attorney wherein he stated that he regularly stole from people (see, People v Ely, supra, at 529; People v Crandall, 67 N.Y.2d 111; People v Tabora, 139 A.D.2d 540), its failure to do so did not deprive the defendant of a fair trial (see, People v Crimmins, 36 N.Y.2d 230).

We have considered the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Kunzeman, J.P., Sullivan, Eiber and Ritter, JJ., concur.


Summaries of

People v. Lenoir

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 552 (N.Y. App. Div. 1991)
Case details for

People v. Lenoir

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WACO LENOIR, Appellant

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

Date published: Dec 16, 1991

Citations

178 A.D.2d 552 (N.Y. App. Div. 1991)
577 N.Y.S.2d 461

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