People v Decker

2008 NY Slip Op 04368 [51 AD3d 686]

May 6, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York,Respondent, v Wayne Decker, Appellant.

—[*1]Ronald L. Kuby, New York, N.Y. (David Pressman of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneGrady of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney,J.), rendered March 31, 2005, convicting him of murder in the second degree, upon a jury verdict,and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied the defendant's motionto dismiss the indictment based on pre-indictment delay (see People v Vernace, 96 NY2d886 [2001]; People v Taranovich, 37 NY2d 442 [1975]; People v Jones, 267AD2d 250 [1999]; People v Brown, 209 AD2d 233 [1994]).

The trial court did not improvidently exercise its discretion in excluding evidence thatanother party may have committed the crime for which the defendant was being tried, as theevidence was purely speculative and would have caused undue delay, prejudice, and confusion(see People v Olibencia, 45 AD3d607 [2007]). The defendant's constitutional argument with respect to the court's exclusion ofthis evidence is not preserved for appellate review, and we decline to review it in the exercise ofour interest of justice jurisdiction (seePeople v Olibencia, 45 AD3d 607 [2007]).

The defendant's remaining contentions are without merit. Mastro, J.P., Skelos, Lifson andLeventhal, JJ., concur.