Legal Opinion

People v. Ballard

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1994Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in admitting rebuttal testimony by Officer Harrington that discredited defendant’s alibi because the *943prosecutor failed to provide notice of that testimony pursuant to CPL 250.20. Defendant did not preserve that contention for review (see, CPL 470.05 [2]) and we decline to consider it as a matter of discretion in the interest of justice (see, CPL 470.15 [6]). Defendant’s further contention that Supreme Court erred in permitting the prosecutor to impeach the testimony of defendant’s wife with a document…

2Cases cited2 opinions

  1. People v. BoiceAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. RollinsAppellate Division of the Supreme Court of the State of New York · 1992

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