Legal Opinion
People v. Lopez
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 6 opinions
1Opinion of the Court
The defendant failed to preserve for appellate review his contention that the Supreme Court deprived him of both a fair trial and his Sixth Amendment right to present a defense by precluding defense counsel from questioning a certain prosecution witness as to whether the defendant smelled of alcohol or appeared intoxicated on the night of the subject altercation (see CPL 470.05 [2]; People v Haddock, 79 AD3d 1148 [2010]; People v Bernardez, 63 AD3d 1174 [2009]; People v Sims, 57 AD3d 1106, 1109 [2008]), and we decline to reach it in the exercise of our interest of justice jurisdiction.…
2Cases cited4 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BernardezAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HaddockAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SimsAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by6 opinions
- People v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 2020
- People v. EstevezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2021
- People v. ElliotAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HolderAppellate Division of the Supreme Court of the State of New York · 2022
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