AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONSTANCE MERLINO, Appellant.

Ordered that the judgment is affirmed.

We disagree with the defendant's claim that she was denied a fair trial when the trial court allowed the prosecutor to introduce, on redirect examination, a statement precluded by virtue of a pretrial denial of the People's cross motion to serve a late notice pursuant to CPL 710.30. When, as here, a party opens the door on cross-examination to matters not touched upon by his opponent on his direct case, the latter may, on redirect, explain, clarify, or fully elicit the issue only partially examined on cross-examination (People v Melendez, 55 N.Y.2d 445, 451; People v Regina, 19 N.Y.2d 65, 78; People v Giallombardo, 128 A.D.2d 547, 548, lv denied 69 N.Y.2d 1004). In this instance the prosecutor merely continued the line of questioning of the police officer, begun on cross-examination, which sought to elicit those factors which caused him to conclude that the defendant was under the influence of alcohol. Mollen, P.J., Bracken, Sullivan and Harwood, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. MERLINO
(Dec 30, 1988)