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People v. Lazarini

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 361 (N.Y. App. Div. 2000)

Opinion

Argued February 4, 2000

March 17, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered April 1, 1998, convicting him of criminal possession of stolen property in the third degree, criminal possession of stolen property in the fourth degree, criminal possession of stolen property in the fifth degree, and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Deepa Rajan of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Ann Bordley, and Phyllis Mintz of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

At trial, the defendant did not raise a relevant objection to the prosecutor's alleged failure to lay a proper foundation before cross-examining a defense witness concerning his failure to come forward with exculpatory information (see, People v. Dawson, 50 N.Y.2d 311). Accordingly, the defendant's present contentions as to this matter are unpreserved for appellate review (see, People v. Cruz, 267 A.D.2d 319 [2d Dept., Dec. 13, 1999]; People v. Dosunmu, 267 A.D.2d 320; [2d Dept., Dec. 13, 1999]; People v. Douglas, 248 A.D.2d 550). In any event, in light of the overwhelming evidence of the defendant's guilt, any error in this regard is harmless (see,People v. Johnson, 212 A.D.2d 733; People v. Archie, 200 A.D.2d 676).

The defendant's remaining contentions are without merit.

THOMPSON, J.P., S. MILLER, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

People v. Lazarini

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 361 (N.Y. App. Div. 2000)
Case details for

People v. Lazarini

Case Details

Full title:THE PEOPLE, etc., respondent, v. JOSE LAZARINI, appellant. (Ind. No…

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

Date published: Mar 17, 2000

Citations

270 A.D.2d 361 (N.Y. App. Div. 2000)
704 N.Y.S.2d 870

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