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People v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 418 (N.Y. App. Div. 1998)

Opinion

December 14, 1998

Appeal from the Supreme Court, Kings County (Aiello, J.).


Ordered that the judgment is affirmed.

It is well settled that evidence offered in rebuttal must counter some affirmative fact which the defendant attempted to prove (see, People v. Blair, 90 N.Y.2d 1003; People v. Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047). Here, the detective's rebuttal testimony that the defendant, in a statement he made at the time of his arrest, claimed that when the crimes were committed he was with a girlfriend on Pitkin Avenue in East New York, was properly offered to counter the defense alibi witness's claim that the defendant was with her in her Sunset Park apartment at that time (see, People v. Gibson, 140 A.D.2d 453).

The defendant's remaining contention is without merit.

Rosenblatt, J. P., Santucci, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 418 (N.Y. App. Div. 1998)
Case details for

People v. Grant

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS GRANT, Appellant

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

Date published: Dec 14, 1998

Citations

256 A.D.2d 418 (N.Y. App. Div. 1998)
682 N.Y.S.2d 232

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