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People v. Hunter

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1986
122 A.D.2d 166 (N.Y. App. Div. 1986)

Opinion

July 14, 1986

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


Judgment affirmed.

The defendant contends that the trial court improperly permitted the People to introduce, over objection, testimony of a police officer regarding an incriminating statement allegedly made by him, because the People failed to serve the required statutory pretrial notice of their intention to offer such evidence at the trial (CPL 710.30). However, at the trial, the defense counsel simply raised a general objection to the admission of the officer's testimony, and did not specifically object on the ground that CPL 710.30 had not been complied with. Thus, the defendant has failed to preserve a question of law for appellate review (CPL 470.05; People v Ross, 21 N.Y.2d 258, 262-263; People v Webb, 97 A.D.2d 779; People v Lee, 35 A.D.2d 853; People v Brown, 33 A.D.2d 735; People v Weis, 32 A.D.2d 856, cert denied 397 U.S. 1047).

Moreover, the proof of the defendant's guilt was overwhelming in this case. The evidence adduced by the People included the testimony of the victim, who had several opportunities to view the defendant at close range prior to being shot, and the testimony of a witness who observed the shooting, and chased after the suspect and apprehended him within a minute and a half thereafter. Therefore, we perceive no basis for reviewing the alleged violation of CPL 710.30 as a matter of discretion in the interest of justice (CPL 470.15).

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Hunter

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1986
122 A.D.2d 166 (N.Y. App. Div. 1986)
Case details for

People v. Hunter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM HUNTER…

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

Date published: Jul 14, 1986

Citations

122 A.D.2d 166 (N.Y. App. Div. 1986)

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