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PEOPLE v. EASTMAN

299 A.D.2d 366 (2002)

749 N.Y.S.2d 171

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELCHION EASTMAN, Appellant.

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

Decided November 4, 2002.

Ordered that the judgment is affirmed.

The defendant waived any argument with respect to his claim that the trial court precluded impeachment of the complaining witness' testimony with a tape of a call to the police emergency telephone line when he withdrew his application to have the entire tape played for the jury (see e.g. People v Gonzalez, 207 A.D.2d 734, 735).

The prosecutor's misconduct did not rise to the...

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