PEOPLE v. GERMAN


52 A.D.3d 343 (2008)

860 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS GERMAN, Appellant.

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

Decided June 17, 2008.


Defendant's argument that the prosecutor misled defense counsel as to a detective's potential testimony, thereby leading counsel to open the door to allegedly prejudicial evidence, is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Prior to trial, the prosecutor agreed not to elicit, on direct examination, a portion of defendant's statement to the police as to which there had been a disclosure...

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