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People v. Castaneda

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1993
192 A.D.2d 475 (N.Y. App. Div. 1993)

Opinion

April 23, 1993

Appeal from the Supreme Court, New York County (Rose L. Rubin, J.).


Defendant did not object to the admission of the "911" tape and the arrest photograph on the ground of bolstering, and thus did not preserve the issues for appellate review as a matter of law (People v George, 67 N.Y.2d 817, 819), and we decline to review these issues in the interest of justice. Were we to review, we would find defendant's claims of error to be without merit.

Defendant's claims of error regarding the trial court's ruling on the codefendant's alibi notice, and the prosecutor's summation comments, were similarly unpreserved by defendant for appellate review as a matter of law, and in any event were previously rejected by this Court in deciding the appeal of the codefendant, Jacqueline Castaneda (People v Castaneda, 176 A.D.2d 455, lv denied 79 N.Y.2d 854).

Defendant's additional arguments are unpreserved for appellate review as a matter of law, and interest of justice review is unwarranted.

Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.


Summaries of

People v. Castaneda

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1993
192 A.D.2d 475 (N.Y. App. Div. 1993)
Case details for

People v. Castaneda

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGO CASTANEDA…

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

Date published: Apr 23, 1993

Citations

192 A.D.2d 475 (N.Y. App. Div. 1993)
597 N.Y.S.2d 595

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