PEOPLE v. WHITE


57 A.D.2d 669 (1977)

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

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

April 21, 1977


The defendant does not dispute the sufficiency of the People's proof. The only issue raised on appeal is the trial court's refusal to admit in evidence the prior consistent statement of defendant's alibi witness, Marie White, a friend and close relative of the defendant. Defendant contends that her testimony was attacked on cross-examination as a recent fabrication, and therefore the prior statement should have been received. In general, a witness' testimony cannot be bolstered...

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