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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND LEE, Appellant.

Appeal from a judgment of the County Court of Rensselaer County, rendered April 3, 1969, upon a verdict convicting defendant of the crime of menacing. The defendant made no objection to the remarks of the prosecuting attorney in summation. We find that the evidence supporting the charge against defendant was clear and convincing. The Assistant District Attorney's statements were not so prejudicial as to require a new trial. ( People v. Feldt, 26 A.D.2d 743, affd. 22 N.Y.2d 839; People v. Powell, 11 N.Y.2d 1, 5.) Defendant's failure to object to the introduction of the arresting officer's statements for lack of compliance with section 813-f of the Code of Criminal Procedure constituted a waiver as he made no motion to strike the testimony, nor did he seek the aid of the court in requesting the People to produce the subject matter. ( People v. Ross, 21 N.Y.2d 258, 262.) Judgment affirmed. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.

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PEOPLE v. LEE
(Nov 5, 1970)