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People v Melo (Carlos)
2007 NY Slip Op 50068(U) [14 Misc 3d 131(A)]
Decided on January 17, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 17, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570300/05.

People of the State of New York, Respondent,

against

Carlos Melo, Defendant-Appellant.


Defendant appeals from a judgment of the Supreme Court, Bronx County (Raymond L. Bruce, J.), rendered January 11, 2005, convicting him, after a nonjury trial, of harassment in the second degree and imposing sentence.


PER CURIAM

Judgment of conviction (Raymond L. Bruce, J.), rendered January 11, 2005, affirmed.

Defendant's claim that the preclusion of his character witness violated his constitutional right to present witnesses in his own defense was not raised below, and thus is unpreserved for appellate review (see People v Stephens, 84 NY2d 990, 992 [1994]). Were we to review the claim in the interest of justice, we would find that the record supports the preclusion remedy invoked by the court
(cf. People v Palmer, 272 AD2d 891 [2000]).

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 17, 2007