People v. Jones

OPINION OF THE COURT

Memorandum.

The Appellate Division order should be affirmed.

The People raised for the first time at the Appellate Division the specific argument that further neurological testing was not necessary to prove a justification defense. Because this argument is unpreserved, the Appellate Division’s conclusion that County Court abused its discretion in denying authorization for further neurological testing is not reviewable in this Court (see, People v Dodt, 61 NY2d 408, 416). Because this unreviewable ruling forms an independent ground for reversal of the judgment of conviction,…