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People v. Betances

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 158 (N.Y. App. Div. 1995)

Opinion

June 22, 1995

Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).


Defendant's claim that the court's admission of certain rebuttal evidence was error since the evidence was collateral is unpreserved, and we decline to review it in the interest of justice. Were we to review, we would nevertheless affirm since the evidence was admitted to establish that the witness to the beating of the victim correctly identified defendant as one of the victim's assailants, which was a material issue in the case ( see, People v. Knight, 80 N.Y.2d 845, 847; People v. Beavers, 127 A.D.2d 138, 141, lv denied 70 N.Y.2d 642). Moreover, even if defendant had testified "`to what would otherwise be [a] collateral matter involving solely credibility * * * he does not preclude his adversary from introducing independent evidence to show that the testimony thus given is false'" ( People v. Rojas, 200 A.D.2d 545, 545-546 [quoting People v. Andujar, 61 A.D.2d 755], lv denied 83 N.Y.2d 857).

Concur — Ellerin, J.P., Wallach, Nardelli, Tom and Mazzarelli, JJ.


Summaries of

People v. Betances

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 158 (N.Y. App. Div. 1995)
Case details for

People v. Betances

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX BETANCES…

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

Date published: Jun 22, 1995

Citations

216 A.D.2d 158 (N.Y. App. Div. 1995)
628 N.Y.S.2d 653