PEOPLE v. DELACRUZ

Ind. No. 1080/17. Appeal No. 14701. Case No. 2019-04659.

199 A.D.3d 614 (2021)

157 N.Y.S.3d 285

2021 NY Slip Op 06656

The People of the State of New York, Respondent, v. Eliseo Delacruz, Appellant.

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

Decided November 30, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Zoe Root of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Meghan McLoughlin of counsel), for respondent.

Concur— Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.


Defendant did not preserve his claim that a videotape should have been excluded as evidence of an uncharged crime, or that it required an advance ruling and a limiting instruction, as well as his related challenge to the court's response to a jury note, and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. Several hours before one of defendant's codefendants shot the victim on the street, with defendant standing...

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