Opinion
No. 570884/18
09-19-2024
The People of the State of New York, Respondent, v. Kadiata Diakite, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Laurence E. Busching, J.), rendered September 5, 2018, after a jury trial, convicting her of assault in the third degree, menacing in the third degree and harassment in the second degree, and imposing sentence.
Judgment of conviction (Laurence E. Busching, J.), rendered September 5, 2018, affirmed.
The trial court providently exercised its discretion in permitting the People to introduce limited rebuttal testimony. The rebuttal testimony was a direct response to material facts placed in issue by defendant's own testimony related to her self defense claim (see People v Harris, 57 N.Y.2d 335, 343-346 [1982], cert denied 460 U.S. 1047 [1983]). Even if the rebuttal testimony were to be viewed as including matters that should have been introduced on the People's direct case, the court had discretion to receive such evidence (CPL 260.30 [7] ; see People v Cardelle, 104 A.D.3d 517 [2013], lv denied 21 N.Y.3d 1014 [2013]). In any event, defendant was not unduly prejudiced by the rebuttal testimony (see People v Rodgers, 187 A.D.3d 607 [2020], lv denied 36 N.Y.3d 975 [2020]).