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PEOPLE v. ENCARNACION

570657/05.

2008 NY Slip Op 51514 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSA ENCARNACION, Defendant-Appellant.

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

Decided July 21, 2008.

PER CURIAM.

Defendant's present claim of error based upon the trial court's failure to give a limiting instruction with respect to purported uncharged crime evidence initially elicited by defense counsel on defendant's direct examination is unpreserved for appellate review (see People v. De La Cruz, 44 A.D.3d 346, 347-348 [2007], lv denied 9 N.Y.3d 1005 [2007]), and we decline to review it in the interest of justice...

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