PEOPLE v. CATALANOTTE


36 N.Y.2d 192 (1975)

The People of the State of New York, Respondent, v. Steven J. Catalanotte, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1975.


Attorney(s) appearing for the Case

William Sonenshine for appellant.

Eugene Gold, District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge COOKE dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.


Per Curiam.

It was error to prohibit defendant from offering rebuttal evidence to explain some of the bank accounts about which he testified and made admissions on cross-examination. The collateral issue rule would bar the adversary from offering contradictory proof, but should hardly bar the party who makes what appears to be admissions on cross-examination from explaining them. However, in view of the all but conclusive...

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