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PEOPLE v. DRUMMOND

188 A.D.2d 312 (1992)

The People of the State of New York, Respondent, v. Wayne Drummond, Appellant

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

December 3, 1992

Defendant's argument that he was denied a fair trial due to the People's failure to give him CPL 710.30 (1) notice of their intention to offer his alibi statement is unpreserved for appellate review (CPL 470.05 [2]). In any case, CPL 710.30 (1) is inapplicable since the statement was not offered as part of the People's direct case, but elicited on redirect examination of the detective after defendant had opened the door to further...

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