PEOPLE v. CARTER


43 A.D.3d 652 (2007)

841 N.Y.S.2d 101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY CARTER, Appellant.

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

Decided September 6, 2007.


Defendant did not preserve his arguments that the court should have provided an instruction limiting the jury's use of a defense witness's prior written statement, and that the error was compounded by the prosecutor's use of it in summation, and we decline to review them in the interest of justice. Were we to review these claims, we would find that the prosecutor made a permissible argument that the jury should discredit the witness's trial testimony because he made a prior...

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