PEOPLE v. DE PERNO


101 A.D.2d 1003 (1984)

The People of the State of New York, Respondent, v. Rocco De Perno, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 25, 1984


Judgment unanimously affirmed.

Memorandum:

Defendant's contention that it was improper to receive testimony concerning witness tampering by Martino was not preserved for review (CPL 470.05). There was no motion to strike the evidence, no motion for a mistrial, and almost all of the evidence pertaining to Martino came in without objection or as a result of questions asked by defense counsel on cross-examination. Were we to consider the point, we would find...

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