Opinion
11311 Ind. 503/15
03-26-2020
The PEOPLE of the State of New York, Respondent, v. Timothy DAUGHERTY, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Philip V. Tisne of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Philip V. Tisne of counsel), for respondent.
Friedman, J.P., Manzanet–Daniels, Gesmer, Gonza´lez, JJ.
By making a generalized objection (see People v. Tevaha, 84 N.Y.2d 879, 881, 620 N.Y.S.2d 786, 644 N.E.2d 1342 [1994] ), or no objection at all, defendant failed to preserve his arguments as to evidence allegedly relating to uncharged crimes and allegedly improper cross-examination, and we decline to review them in the interest of justice. As an alternative holding, we find them unavailing.
Evidence of defendant's threatening conduct toward store security personnel while he was being detained was not evidence of an uncharged crime, but was part of the evidence of the charged crime (see People v. Frumusa, 29 N.Y.3d 364, 370, 57 N.Y.S.3d 103, 79 N.E.3d 495 [2017] ), and was relevant to the element of force. Likewise, the portion of the prosecutor's cross-examination challenged on appeal did not involve a "bad act" offered to impeach defendant's general credibility, but instead was proper cross-examination about the facts of the underlying incident, and it was responsive to defendant's direct testimony.