PEOPLE v. CALDWELL


254 A.D.2d 64 (1998)

678 N.Y.S.2d 490

The People of the State of New York, Respondent, v. Walter Caldwell, Appellant

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

October 8, 1998


Defendant's claim that the court should have received an "Unusual Occurrence Report" in evidence based upon the business record exception to the hearsay rule is unpreserved for appellate review (see, People v Nieves, 67 N.Y.2d 125, 135-136), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant failed to lay the proper foundation for admission of the report (CPLR...

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