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People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1988
139 A.D.2d 680 (N.Y. App. Div. 1988)

Opinion

April 18, 1988

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


Ordered that the judgment is affirmed.

The principal defense offered at trial was that the defendant borrowed rather than stole the complainant's car. The court prohibited the defendant's mother from testifying that there was an emergency at her home. This proffered testimony was collateral since it would not have been probative of whether or not the defendant stole the complainant's vehicle (see, People v. Yazum, 13 N.Y.2d 302, 304, rearg denied 15 N.Y.2d 679; People v. Aulet, 111 A.D.2d 822, 825-826, lv denied 66 N.Y.2d 761; see also, Richardson, Evidence § 147, at 117 [Prince 10th ed]). Eiber, J.P., Kooper, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1988
139 A.D.2d 680 (N.Y. App. Div. 1988)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN ROSARIO…

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

Date published: Apr 18, 1988

Citations

139 A.D.2d 680 (N.Y. App. Div. 1988)

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