PEOPLE v. HARRIS


29 A.D.3d 387 (2006)

813 N.Y.S.2d 904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD HARRIS, Appellant.

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

May 16, 2006.


Defendant's argument that the court should have instructed the jury not to commingle the evidence of the two incidents, and his challenge to the adequacy of the court's adverse inference charge with respect to the loss of a lineup report are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge made it sufficiently clear to the jury that the evidence as to each incident was to be considered separately...

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