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People v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 932 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Appeal from the Supreme Court, Monroe County, Mark, J.

Present — Denman, P.J., Balio, Fallon, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Although the prosecutor failed timely to provide defense counsel with the criminal record of a People's witness prior to opening statements (see, CPL 240.45 [b]), that record was provided prior to direct examination of that witness and the trial court offered defense counsel an adjournment prior to cross-examination. After direct examination, defense counsel declined the court's offer of an adjournment and indicated that he was ready to proceed. Defense counsel conducted an effective cross-examination of the witness, including examination concerning prior convictions. Under the circumstances, the untimely disclosure does not warrant reversal (see, People v Donald, 107 A.D.2d 818; People v Napierala, 90 A.D.2d 689).

Contrary to defendant's contention, New York does not require that a defendant personally waive the right to testify on the record (see, People v Fratta, 83 N.Y.2d 771). Defendant failed to object to cross-examination of a defense alibi witness upon the ground that questioning the witness concerning pretrial silence was impermissible (see, People v Dawson, 50 N.Y.2d 311). Thus, defendant failed to preserve that issue for appellate review (see, CPL 470.05; People v West, 56 N.Y.2d 662; People v Dawson, supra, at 324). Defendant raised no exception to the court's jury instructions, thereby failing to preserve his challenge to those instructions (see, CPL 470.05; People v Lipton, 54 N.Y.2d 340, 351). We decline to review either issue in the interest of justice.


Summaries of

People v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 932 (N.Y. App. Div. 1994)
Case details for

People v. Richardson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERWIE RICHARDSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 15, 1994

Citations

203 A.D.2d 932 (N.Y. App. Div. 1994)
611 N.Y.S.2d 463

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