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People v. Spurgeon

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1999
264 A.D.2d 401 (N.Y. App. Div. 1999)

Opinion

August 2, 1999.

Appeal from the Supreme Court, Queens County (Erlbaum, J.).


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in permitting the People to introduce the defendant's Grand Jury testimony into evidence on their rebuttal case. We disagree. In light of the inconsistencies between the defendant's Grand Jury testimony and the account furnished by his alibi witnesses at trial, the defendant's Grand Jury testimony was properly introduced as an admission ( see, People v. Rodriguez, 191 A.D.2d 597; People v. Koestler, 176 A.D.2d 1207).

The defendant's remaining contentions are without merit.

O'Brien, J. P., Sullivan, Joy and Smith, JJ., concur.


Summaries of

People v. Spurgeon

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1999
264 A.D.2d 401 (N.Y. App. Div. 1999)
Case details for

People v. Spurgeon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TASHON SPURGEON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 2, 1999

Citations

264 A.D.2d 401 (N.Y. App. Div. 1999)
695 N.Y.S.2d 106

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