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PEOPLE v. MACK

2014-09703. Ind. No. 1521/13.

203 A.D.3d 1178 (2022)

165 N.Y.S.3d 702

2022 NY Slip Op 02134

The People of the State of New York, Respondent, v. Jonathan Mack, Appellant.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Stacey Eves, Long Beach, NY, for appellant, and appellant pro se.

Anne T. Donnelly, District Attorney, Mineola, NY (Kevin C. King and Donald Berk of counsel), for respondent.

Barros, J.P., Rivera, Wooten and Ford, JJ., concur.

Ordered that the judgment is affirmed.

The Supreme Court properly precluded the defendant from introducing purported prior inconsistent statements by a prosecution witness, because by failing to confront that witness with the statements and asking her whether she made them, the defendant failed to lay a proper foundation for their admission (compare People v Oliver, 193 A.D.3d 1081, 1082-1083 [2021], and People v Robertson, 172 A.D.3d 1239, 1239-1240...

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