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PEOPLE v. PRENDERGAST

27 A.D.3d 487 (2006)

810 N.Y.S.2d 335

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PRENDERGAST, Appellant.

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

March 7, 2006.

Ordered that the judgments are affirmed.

The defendant contends that he was deprived of a fair trial by the prosecutor's cross-examination of his alibi witness concerning her failure to testify before the grand jury. However, the defendant abandoned this argument (see People v Graves, 85 N.Y.2d 1024 [1995]; People v Valentine, 271 A.D.2d 245 [2000]), and we decline to reach the issue...

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