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People v. Woodland

293 A.D.2d 631 Court N.Y. App. Div. Decision date 2002-04-15 English

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p. 631
The People of the State of New York, Respondent, v Calvin Woodland, Appellant.
[740 NYS2d 217]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered June 7, 1999, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his-contention that the trial court erred in refusing to admit into evidence a police automobile voucher listing the color of the car in which he was arrested (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 , 248-252). In any event, the voucher constituted extrinsic evidence sought to refute testimony on a collateral matter and was properly excluded by the trial court (see People v Alvino, 71 NY2d 233 , 246).

The remarks of the prosecutor in summation were a fair response to comments made during summation and constituted a fair comment upon the evidence (see People v Galloway, 54 NY2d 396 ; People v Ashwal, 39 NY2d 105 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Smith, J.P., Gold-stein, McGinity and H. Miller, JJ., concur.

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