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PEOPLE v. BROWN

293 A.D.2d 685 (2002)

740 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BROWN, Appellant.

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

Decided April 22, 2002.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his claim that testimony elicited on the cross-examination of a prosecution witness at his first trial and read into evidence at his second trial was improperly admitted on the ground that any probative value was outweighed by the prejudice to him (see CPL 470.05 [2]). In any event, the testimony was relevant, and its probative...

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