People v. Lewis
Opinion of the Court
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered February 9, 2004, convicting defendant, after a jury trial, of murder in the second degree, grand larceny in the third degree, and 83 counts of forgery in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 36 years to life, unanimously affirmed.
The People’s failure to comply with the time limit in CPL 240.90 (1), which applies to a CPL 240.40 (2) (b) (vi) motion to compel handwriting exemplars, does not warrant reversal (see People v Finkle, 192 AD2d 783, 787-788 [1993], lv denied 82 NY2d 753 [1993]). Although the People failed to show good cause for their delay, the delay itself did not cause defendant
The various evidentiary rulings challenged by defendant on appeal were appropriate exercises of discretion, in which the court admitted testimony that completed the narrative, explained other evidence or showed defendant’s state of mind at certain junctures. This evidence was highly probative in this circumstantial case, and was not unduly prejudicial. Defendant’s purported standing Confrontation Clause objection, made during jury selection, was insufficient to alert the court to any specific claims. Accordingly, defendant did not preserve any of his present constitutional challenges to the evidence at issue, and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
Defendant’s claims regarding the prosecutor’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find them without merit. Concur—Tom, J.P, Mazzarelli, Friedman, Sullivan and Nardelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.