PEOPLE v. SMITH

5990 3733/10.

159 A.D.3d 504 (2018)

69 N.Y.S.3d 802

2018 NY Slip Op 01642

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KERMITT SMITH, Appellant.

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

Decided March 15, 2018.


Defendant did not preserve any of his arguments concerning evidence of uncharged crimes he committed against the victim's siblings, and we decline to review them in the interest of justice.

Defendant did not preserve his claim that, at sentencing, the prosecutor improperly commented on defendant's exercise of his right to a trial, and we do not find that any exception to the preservation requirement applies (see People...

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