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PEOPLE v. TRINIDAD

57 A.D.3d 219 (2008)

868 N.Y.S.2d 61

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT TRINIDAD, Appellant.

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

December 2, 2008.

The prosecutor cross-examined a defense witness about his failure to mention his exculpatory version of the incident to other civilians at the scene who were accusing defendant of misconduct. Defendant's claim that this impeachment required the prosecutor to lay a foundation pursuant to People v Dawson (50 N.Y.2d 311 [1980]) is unpreserved (see People v Miller, 89 N.Y.2d 1077 [1997]), and...

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