PEOPLE v. COLE


5 A.D.3d 177 (2004)

772 N.Y.S.2d 518

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRIN COLE, Appellant.

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

March 9, 2004.


Defendant's claim that the prosecutor improperly cross-examined him about an omission from his postarrest written statement is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that this cross-examination was proper because defendant had acknowledged that his written exculpatory statement was a complete account of the incident, so that his failure to mention the omitted exculpatory information at that time was...

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