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PEOPLE v. JOHNSON

61 A.D.3d 892 (2009)

877 N.Y.S.2d 207

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAIAH JOHNSON, Appellant.

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

Decided April 21, 2009.

Ordered that the judgment is affirmed.

The defendant contends that a detective's testimony that the defendant stated to police that no jury would believe he had attempted to rob the victim, described as a "Spanish woman," was not admissible as a spontaneous statement. This contention was waived when the defense also elicited the same testimony from the defendant during his own direct examination (see People v Grant, 54 A.D.3d 967

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