PEOPLE v. RODRIGUEZ


32 A.D.2d 783 (1969)

The People of the State of New York, Respondent, v. David Rodriguez, Appellant

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

June 2, 1969


Judgment affirmed.

The proof clearly established defendant's guilt. While it was error for the court not to admit Marcos Guadalupe's memo book in evidence (see CPLR 4518), it is our opinion that the error may be disregarded under section 542 of the Code of Criminal Procedure. The entries made in the book had no more probative value than Guadalupe's oral testimony and would not have added any support to defendant's alibi defense. We have examined defendant's other...

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