PEOPLE v. RAY


132 A.D.2d 713 (1987)

The People of the State of New York, Respondent, v. Raymond Ray, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 27, 1987


Ordered that the judgment is affirmed.

The prior consistent statement of the defendant's witness, offered by the defendant, was made after this witness had a motive to falsify, and thus it did not satisfy the criteria for admission into evidence to rebut any inference created by the prosecution that the witness's testimony was a recent fabrication (see, People v Davis, 44 N.Y.2d 269, 278). Accordingly, the court correctly...

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