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PEOPLE v. REAL

Appellate Division of the Supreme Court of New York, First Department.
Apr 2, 2002

The indictment was jurisdictionally valid, since, in accusing defendant of the crime of "Criminal Contempt in the First Degree," it adopted the title of the statute, thereby incorporating Penal Law ยง 215.51(c) and the elements of the crime charged, thus affording defendant fair notice of the charges against him (see, People v. Ray, 71 N.Y.2d 849, 850).

The court's preclusion of certain testimony allegedly showing bias on the part of the victim did not deprive defendant of a fair trial because this evidence was exceedingly remote and lacked probative value (see,People v. Thomas, 46 N.Y.2d 100, 105-106, appeal dismissed 444 U.S. 891).

We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.