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PEOPLE v. BAILEY

128 A.D.2d 794 (1987)

The People of the State of New York, Respondent, v. John Bailey, Appellant

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

March 23, 1987

Ordered that the judgment is affirmed.

With respect to the defendant's contention as to certain pretrial statements of two prosecution witnesses, we note that none of the pretrial statements was introduced into evidence or raised at trial and therefore the statements are dehors the record and not a proper subject of appeal (see, People v Tutt, 38 N.Y.2d 1011; People v Johnson, 73 A.D.2d 652...

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