| People v Richards |
| 2007 NY Slip Op 02428 [38 AD3d 362] |
| March 20, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Mike Richards, Appellant. |
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Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington of counsel), for respondent.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 25, 2005, convicting defendant, after a jury trial, of robbery in the first degree and sentencing him to a term of 10 years, unanimously affirmed.
The court properly excluded evidence of alleged third-party culpability, the probative value of which was minimal and was outweighed by its prejudicial effect (see People v Schulz, 4 NY3d 521, 528-529 [2005]; People v Mane, 36 AD3d 1079 [2007]). Inasmuch as defendant did not assert a constitutional right to introduce the excluded evidence, his constitutional argument is unpreserved (see People v Angelo, 88 NY2d 217, 222 [1996]; People v Morris, 21 AD3d 830, 831 [2005]), and we decline to review it in the interest of justice. Were we to review this claim, we would find no violation of defendant's right to present a defense (see Crane v Kentucky, 476 US 683, 689-690 [1986]).
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Friedman, Buckley, Catterson and Malone, JJ.