12556-12557. PEOPLE, res, v. CARLOS NEGRON, def-ap — PEOPLE, res, v. JORGE JIMINEZ, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Rahul Sharma of counsel), for Carlos Negron, ap — Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for Jorge Jiminez, ap — Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for res — Judgments, Supreme Court, New York County (Renee A. White, J.), rendered November 9, 2010, convicting both defendants, after a jury trial, of robbery in the second degree (four counts) and burglary in the second degree, and sentencing defendant Negron, as a second violent felony offender, to concurrent terms of 15 years, and sentencing defendant Jiminez, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.
The court properly exercised its discretion in precluding defendants from introducing a portion of the prosecutor’s paralegal’s notes of an interview with a nontestifying victim. These notes were inadmissible under any hearsay exception, even if defendants had called the paralegal as a witness. Since defendants did not assert any constitutional right to introduce the precluded evidence, they did not preserve their constitutional claim (see People v. Lane, 7 NY3d 888, 889 [2006]; see also Smith v.Duncan, 411 F3d 340, 348-349 [2d Cir 2005]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Defendants did not make an adequate showing that this evidence was reliable, or that it was critically exculpatory (see Chambers v. Mississippi, 410 US 284 [1973]; People v.Robinson, 89 NY2d 648, 654 [1997]; People v. Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). There was nothing directly exculpatory about the excluded comment, which, at most, tended to contradict a minor aspect of the People’s case. Similarly, any error in the exclusion of this evidence was harmless (seePeople v. Crimmins, 36 NY2d 230 [1975]).
