PEOPLE v. JACKSON


287 A.D.2d 520 (2001)

731 N.Y.S.2d 393

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN JACKSON, Respondent.

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

Decided October 9, 2001.


Ordered that the judgments are affirmed.

On appeal, the defendant contends that the court erred in failing to issue a material witness order compelling Detective Shisco, who had retired in the years between the investigation and the trial, to testify. However, the defendant failed to preserve this claim for appellate review because he never requested such an order (see, CPL 470.05 [2]). The court had no obligation to sua sponte order that detective to...

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