PEOPLE v. SEABROOKS


244 A.D.2d 514 (1997)

664 N.Y.S.2d 105

The People of the State of New York, Respondent, v. Cecil Seabrooks, Appellant

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

November 17, 1997


Ordered that the judgment is affirmed.

The defendant contends that reversible error took place because the People's opening statement and a police detective's testimony improperly communicated to the jury that a witness, who was not produced, observed the shooting and identified the defendant in a lineup. This contention is unpreserved for appellate review as the defendant failed to move for a mistrial based on the witness' failure to testify and failed to object...

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