PEOPLE v. MERCEDES


182 A.D.2d 778 (1992)

The People of the State of New York, Respondent, v. Julio Mercedes, Appellant

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

April 20, 1992


Ordered that the judgment is affirmed.

The defendant's contention that he did not receive a fair trial because of the prosecutor's allegedly improper use of a notice of alibi and alibi information during his cross-examination of the defendant is unpreserved for appellate review (CPL 470.05 [2]), and in any event, is without merit. Here, the prosecutor was properly allowed to show the defendant a document during cross-examination in order to refresh his recollection...

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