AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE, ETC., RESPONDENT, v. ROSBEL MEJIA, APPELLANT. (IND. NO. 99827).

DECISION ORDER

ORDERED that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's contention that the trial court erred in precluding his attorney from questioning a defense witness about certain allegedly prior inconsistent statements made to and recorded by his investigator, is without merit. The statements were not made under oath and did not tend to disprove his defense (see, People v. Wright, 41 N.Y.2d 118, 121; People v. Fitzpatrick, 40 N.Y.2d 44, 50; People v. Marshall, 220 A.D.2d 692, 693). Given the lack of a proper foundation for the admission of the testimony, we find no reason to disturb the trial court's determination (see, People v. Fitzpatrick, supra, at 50-52; People v. Griffiths, 247 A.D.2d 550, 552; People v. Daniels, 213 A.D.2d 419, 420; People v. Pellot, 186 A.D.2d 158; People v. Santano, 187 A.D.2d 618, 619; People v. Andre, 185 A.D.2d 276, 277).

Use AI to get other relevant cases.

Comments

PEOPLE v. MEJIA
(Jun 5, 2000)