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People v. Guerrero

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 251 (N.Y. App. Div. 1993)

Opinion

March 11, 1993

Appeal from the Supreme Court, Bronx County (Bernard H. Jackson, J.).


We note that the People presented overwhelming evidence of defendant's guilt of the crime charged, and that defendant failed to preserve his claims of error regarding the admission of evidence of a prior altercation between himself and the complainant by appropriate and timely objection (CPL 470.05; People v. Quinones, 166 A.D.2d 330, lv denied 77 N.Y.2d 881). Additionally, defendant's affirmative use of the incident in an attempt to buttress his justification defense renders unwarranted a review in the interest of justice (People v. Acosta, 180 A.D.2d 505, 509-510, lv denied 80 N.Y.2d 827).

Concur — Sullivan, J.P., Milonas, Asch and Rubin, JJ.


Summaries of

People v. Guerrero

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 251 (N.Y. App. Div. 1993)
Case details for

People v. Guerrero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNEDY GUERRERO…

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

Date published: Mar 11, 1993

Citations

191 A.D.2d 251 (N.Y. App. Div. 1993)
595 N.Y.S.2d 680

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