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PEOPLE v. RICHARDS

38 A.D.3d 362 (2007)

830 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIKE RICHARDS, Appellant.

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

Decided March 20, 2007.

The court properly excluded evidence of alleged third-party culpability, the probative value of which was minimal and was outweighed by its prejudicial effect (see People v Schulz, 4 N.Y.3d 521, 528-529 [2005]; People v Mane, 36 A.D.3d 1079 [2007]). Inasmuch as defendant did not assert a constitutional right to introduce the excluded evidence, his constitutional argument is unpreserved ...

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