PEOPLE v. BETANCES


216 A.D.2d 158 (1995)

628 N.Y.S.2d 653

The People of the State of New York, Respondent, v. Felix Betances, Appellant

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

June 22, 1995


Defendant's claim that the court's admission of certain rebuttal evidence was error since the evidence was collateral is unpreserved, and we decline to review it in the interest of justice. Were we to review, we would nevertheless affirm since the evidence was admitted to establish that the witness to the beating of the victim correctly identified defendant as one of the victim's assailants, which was a material issue in the case (see, People v Knight,

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