PEOPLE v. ASHLEY


8 A.D.3d 136 (2004)

778 N.Y.S.2d 274

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM ASHLEY, Appellant.

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

June 17, 2004.


Although we find that the People's use of defendant's alibi notice was contrary to People v Burgos-Santos (98 N.Y.2d 226, 233-235 [2002]), we find the error to be harmless in light of the overwhelming evidence of defendant's guilt, including eyewitness testimony and circumstantial evidence (see id. at 235-236). To the extent that defendant is raising a constitutional claim, such claim is unpreserved (see id. at 235...

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