Legal Opinion

People v. Barry

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

Decided November 1, 2001Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Donna Mills, J.), rendered May 6, 1999, convicting defendant, after a jury trial, of attempted assault in the first degree and assault in the second degree, and sentencing him to concurrent terms of seven years, unanimously affirmed.

Defendant failed to preserve his claim that the discussions between the court, the prosecutor and the complainant concerning perjury prevented the complainant from giving exculpatory testimony and deprived him of his right to present a defense and we decline to review it in the interest of justice. Were we to review this…

2Cases cited2 opinions

  1. People v. ShapiroNew York Court of Appeals · 1980
  2. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1993

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