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PEOPLE v. ALLEN

231 A.D.2d 900 (1996)

648 N.Y.S.2d 846

The People of the State of New York, Respondent, v. William Allen, Appellant

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

September 27, 1996

Judgment unanimously affirmed.

Memorandum:

Defendant contends that Supreme Court erred in limiting his testimony regarding a statement by an unknown third person that he had overheard a couple of weeks before the assault to the effect that the victim used cocaine. Defendant was permitted to testify concerning that person's statement to "watch out" for the victim because he carried a weapon. There is no basis to disturb the court's evidentiary

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