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People v. McBride

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 854 (N.Y. App. Div. 1991)

Opinion

April 29, 1991

Appeal from the Supreme Court, Queens County (Giaccio, J.).


Ordered that the judgment is affirmed.

The defendant contends that the People were improperly permitted to offer on rebuttal the testimony of a witness who impeached the defendant's testimony on an issue that was allegedly collateral (see, People v. Pavao, 59 N.Y.2d 282, 288-289; People v. Mills, 146 A.D.2d 810; People v. Orse, 91 A.D.2d 1003). However, the defendant failed to object to that witness's testimony on those grounds until after closing arguments were made, and thus failed to preserve the issue for appellate review (see, CPL 470.05). Also unpreserved for our review is the defendant's contention that the prosecutor engaged in misconduct during the course of her summation (see, CPL 470.05). Under the circumstances of this case, we decline to review these issues in the exercise of our interest of justice jurisdiction. Thompson, J.P., Bracken, Brown and Eiber, JJ., concur.


Summaries of

People v. McBride

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 854 (N.Y. App. Div. 1991)
Case details for

People v. McBride

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TANYA McBRIDE…

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

Date published: Apr 29, 1991

Citations

172 A.D.2d 854 (N.Y. App. Div. 1991)
570 N.Y.S.2d 992