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PEOPLE v. SMITH

248 A.D.2d 148 (1998)

670 N.Y.S.2d 762

The People of the State of New York, Respondent, v. Jerry Smith, Appellant

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

March 5, 1998

Defendant's claim that the prosecution offered perjured testimony from its complaining witness is unpreserved for appellate review (see, People v Padro, 75 N.Y.2d 820) and we decline to review it in the interest of justice. Were we to consider this claim, we would find it to be without merit because there was no objectively "false" testimony for the People to "correct". The complainant's allegedly incredible protestations...

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