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PEOPLE v. BALLARD

201 A.D.2d 942 (1994)

607 N.Y.S.2d 816

The People of the State of New York, Respondent, v. Luevell Ballard, Appellant

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

February 4, 1994

Judgment unanimously affirmed.

Memorandum:

Defendant contends that Supreme Court erred in admitting rebuttal testimony by Officer Harrington that discredited defendant's alibi because the prosecutor failed to provide notice of that testimony pursuant to CPL 250.20. Defendant did not preserve that contention for review (see, CPL 470.05 [2]) and we decline to consider it as a matter of discretion in the interest...

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