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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 526 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

Appeal from the Supreme Court, Westchester County (Cirigliano, J.).


Ordered that the judgment is affirmed.

The defendant was convicted of various charges arising from, inter alia, his sale of crack cocaine to Christopher Lohbauer. The prosecution decided that Lohbauer was an essential witness against the defendant at trial and he testified under a grant of transactional immunity. On appeal, the defendant argues that the grant of immunity given Lohbauer encompassed any perjury that Lohbauer might have committed during his testimony at trial. Thus, the defendant argues, his conviction was based on, inter alia, testimony that was "unsworn" and unreliable. However, this argument was not raised before the trial court and is therefore not preserved for appellate review ( see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Udzinski, 146 A.D.2d 245, 250), and we decline to reach it in the exercise of our interest of justice jurisdiction.

Rosenblatt, J. P., Ritter, Altman and Florio, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 526 (N.Y. App. Div. 1997)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JEROME DAVIS, Appellant

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

Date published: Dec 22, 1997

Citations

245 A.D.2d 526 (N.Y. App. Div. 1997)
666 N.Y.S.2d 491

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