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PEOPLE v. HARRINGTON

128 A.D.2d 726 (1987)

The People of the State of New York, Respondent, v. Fred Harrington, Appellant

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

March 16, 1987

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his claim that the prosecutor, at the trial, improperly focused upon the defendant's prearrest silence (see, CPL 470.05 [2]; People v Bowen, 50 N.Y.2d 915, 917).

Furthermore, the record indicates that the evidence adduced at the trial was sufficient to disprove the defendant's justification defense beyond a reasonable...

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