People v Liner

People v Liner 2007 NY Slip Op 05779 [9 NY3d 856] July 2, 2007 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 5, 2007

[*1] The People of the State of New York, Respondent,
v
Joshua Liner, Appellant.

Argued June 6, 2007; decided July 2, 2007

People v Liner, 33 AD3d 479, affirmed.

APPEARANCES OF COUNSEL

Legal Aid Society, New York City (Natalie Rea and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Gary S. Snitow and David M. Cohn of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of the crimes of burglary in the third degree, petit larceny, and two counts of criminal possession of a weapon in the third degree for [*2]stealing merchandise at a Duane Reade store. At trial, the People introduced into evidence two trespass notices revoking defendant's privilege to enter Duane Reade stores. Because defendant failed to assert at the time of the trial that the admission of the notices violated his right of confrontation, the issue is not preserved for our review (see generally People v Gray, 86 NY2d 10 [1995]).

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.