PEOPLE v. JONES


85 N.Y.2d 998 (1995)

654 N.E.2d 1209

630 N.Y.S.2d 961

The People of the State of New York, Appellant, v. Willie Jones, Respondent.

Court of Appeals of the State of New York.

Decided June 8, 1995.


Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County, Rochester (Wendy Evans Lehmann of counsel), for appellant.

Edward J. Nowak, Public Defender of Monroe County, Rochester (James Eckert of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The Appellate Division order should be affirmed.

The People raised for the first time at the Appellate Division the specific argument that further neurological testing was not necessary to prove a justification defense. Because this argument is unpreserved, the Appellate Division's conclusion that County Court abused its discretion in denying authorization for further neurological testing is not reviewable...

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