People v. Fernandez

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered August 15, 2002, convicting defendant, after a jury trial, of five counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

To the extent defendant articulated, on the record, any basis for introducing his own exculpatory statement, he did so only after the witness at issue had completed her testimony and was unavailable, as a practical matter, for recall. Therefore, defendant failed to preserve his present claim (see…