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People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 417 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

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


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his contention that the People were improperly allowed to use Grand Jury testimony to rebut his claim that the testimony of one of the People's witnesses was recently fabricated (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, this contention is without merit. On direct examination, the People's witness, an undercover police officer, testified that he did not know the defendant. On cross-examination, the defendant attempted to show, through the use of portions of the officer's Grand Jury testimony, that the officer's trial testimony was a recent fabrication. The People were properly permitted to use additional questions and answers from the officer's Grand Jury testimony to clarify the officer's trial testimony and to rebut the defendant's claim that the officer's testimony was a recent fabrication (see, People v. McDaniel, 81 N.Y.2d 10; People v Torre, 42 N.Y.2d 1036). Mangano, P.J., Joy, Hart and Florio, JJ., concur.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 417 (N.Y. App. Div. 1995)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC KELLY, Appellant

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

Date published: Jun 12, 1995

Citations

216 A.D.2d 417 (N.Y. App. Div. 1995)
628 N.Y.S.2d 168