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PEOPLE v. WARRICK

261 A.D.2d 152 (1999)

690 N.Y.S.2d 194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN WARRICK, Appellant.

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

Decided May 6, 1999.

The challenged evidence concerning the complainant's background was properly admitted, because it was rendered relevant by themes developed by the defense through the course of the trial (see, People v Melendez, 55 N.Y.2d 445), and was not unduly prejudicial.

Defendant's belated mistrial motion failed to preserve his present challenges to the People's summation and we decline to review them in the interest of justice. Were...

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