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PEOPLE v. TUCKER

2004-03440

2008 NY Slip Op 07274

THE PEOPLE, ETC., respondent, v. MARC TUCKER, appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Frances Impellizzeri of counsel), for respondent.

Before: Steven W. Fisher, J.P., Mark C. Dillon, William E. McCarthy, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The trial court did not err in admitting into evidence a police detective's testimony that the defendant became a suspect after the detective spoke with nontestifying individuals who did not witness the crime. As this testimony was elicited not for the truth of the matter asserted, but to explain the sequence of events leading to the defendant's arrest, it did not violate the defendant's right to...

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