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PEOPLE v. LOPEZ

2008-01345.

82 A.D.3d 1264 (2011)

919 N.Y.S.2d 396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS LOPEZ, Appellant.

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

Decided March 29, 2011.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the Supreme Court deprived him of both a fair trial and his Sixth Amendment right to present a defense by precluding defense counsel from questioning a certain prosecution witness as to whether the defendant smelled of alcohol or appeared intoxicated on the night of the subject altercation (see CPL 470.05 [2]; People v Haddock, 

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