People v. Bailey

Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered January 24, 1984, convicting him of attempted assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

With respect to the defendant’s contention as to certain pretrial statements of two prosecution witnesses, we note that none of the pretrial statements was introduced into evidence or raised at trial and therefore the statements are dehors the record and not a proper subject of appeal (see, People v Tutt, 38 NY2d 1011; People v Johnson, 73 AD2d…