PEOPLE v. FERNANDEZ


12 A.D.3d 251 (2004)

784 N.Y.S.2d 554

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN FERNANDEZ, Appellant.

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

November 18, 2004.


To the extent defendant articulated, on the record, any basis for introducing his own exculpatory statement, he did so only after the witness at issue had completed her testimony and was unavailable, as a practical matter, for recall. Therefore, defendant failed to preserve his present claim (see People v Barriento, 5 A.D.3d 220 [2004], lv denied 3 N.Y.3d 636 [2004]), and we decline to review...

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