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PEOPLE v. MCCALLAR

KA 07-00257.

2008 NY Slip Op 06040

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TRISTAN MCCALLAR, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

DAVID J. PAJAK, ALDEN, FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]), criminal possession of a weapon in the second degree (§ 265.03 [former (2)]) and reckless endangerment in the first degree (§ 120.25), defendant contends that County Court erred in admitting in evidence the testimony of a witness from the...

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