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People v. Wade

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 473 (N.Y. App. Div. 1997)

Opinion

December 15, 1997

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


Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion by limiting the defendant's examination of one of his witnesses. Even though a defendant has a right to introduce evidence that a person other than himself committed the crime ( see, Chambers v. Mississippi, 410 U.S. 284), the evidence must do more than raise a mere suspicion that another person committed the crime. In this case, the defendant failed to show a clear link between the third party and the crime ( see, People v. Felder, 231 A.D.2d 589; People v. Rodriguez, 220 A.D.2d 699; People v. Austin, 112 A.D.2d 242; People v. Aulet, 111 A.D.2d 822; see also, Greenfield v. People, 85 N.Y. 75, 90).

Bracken, J. P., Thompson, Krausman and Luciano, JJ., concur.


Summaries of

People v. Wade

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 473 (N.Y. App. Div. 1997)
Case details for

People v. Wade

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN WADE, Appellant

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

Date published: Dec 15, 1997

Citations

245 A.D.2d 473 (N.Y. App. Div. 1997)
666 N.Y.S.2d 467

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