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People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1998
254 A.D.2d 57 (N.Y. App. Div. 1998)

Opinion

October 6, 1998

Appeal from the Supreme Court, New York County (Alfred Donati, J.).


The court properly refused defendant's request to charge the jury that the incident report of the investigating police officer was a prior inconsistent statement by the victim. The evidence clearly established that any omissions from the report were attributable to the officer and not the victim.

The court properly refused to instruct the jury specifically as to the victim's lack of candor about an unrelated arrest, since the court's standard falsus in uno charge sufficiently covered this issue ( see, People v. Saunders, 64 N.Y.2d 665).

Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1998
254 A.D.2d 57 (N.Y. App. Div. 1998)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BROWN, Appellant

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

Date published: Oct 6, 1998

Citations

254 A.D.2d 57 (N.Y. App. Div. 1998)
679 N.Y.S.2d 278

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