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PEOPLE v. PENA

226 A.D.2d 184 (1996)

640 N.Y.S.2d 531

The People of the State of New York, Respondent, v. Bergelio Pena, Appellant

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

April 11, 1996

Defendant claims that testimony and physical evidence showing that at the time of the crime his car contained a toy machine gun, a handcuff case, and a license plate for a different car constituted unduly prejudicial "uncharged crimes" evidence, since none of these items were actually used in the incident. This claim was not preserved by timely and specific objection, and we decline to review it in the interest of justice.

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