PEOPLE v. FAVOR


172 A.D.2d 1052 (1991)

The People of the State of New York, Respondent, v. Donald Favor, Appellant

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

April 26, 1991


Judgment unanimously affirmed.

Memorandum:

Defendant argues that the court erred in permitting the prosecutor to refer to unreliable chemical test results in his opening statement. We disagree. The court instructed the jury that the opening statements did not constitute evidence. The court also told the jury to disregard the chemist's testimony about the testing procedures.

Defendant failed to preserve for review his contention that the court erred...

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