PEOPLE v. ACK


293 A.D.2d 753 (2002)

741 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN ACK, Appellant.

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

Decided April 29, 2002.


Ordered that the judgment, as amended, is affirmed.

The defendant's argument that the trial court erred in precluding evidence that the complainant had a venereal disease at the time of the rape is unpreserved for appellate review (see CPL 470.05 [2]; People v Balls, 69 N.Y.2d 641, 642). In any event, such evidence, as well as evidence that stains on the complainant's inner clothing contained a mixture of DNA evidence...

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