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PEOPLE v. OLMEDA

Ind. No. 2220/17. Appeal No. 12904. Case No. 2020-00467.

190 A.D.3d 568 (2021)

136 N.Y.S.3d 711

2021 NY Slip Op 00269

The People of the State of New York, Respondent, v. Raul Olmeda, Appellant.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Brill Legal Group, P.C., Hempstead ( Peter E. Brill of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Matthew B. White of counsel), for respondent.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.

Defendant's claim that the court should have either given a limiting instruction or explicitly stated to the jury why it sustained an objection during the prosecutor's opening statement is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we find that no additional limiting instruction or explanation was required in light of the court's instructions about sustained objections, which...

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