In this assault case, involving two sharply conflicting factual versions, defendant took the stand and testified to facts supporting a defense of justification. On cross-examination, the prosecutor was allowed, over objection, to show that defendant had never made a statement or complaint consistent with such version of the incident, either at the scene where he was arrested, or later. This was fundamentally unfair and violative of due process. (Doyle v Ohio,
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PEOPLE v. STREETER
67 A.D.2d 877 (1979)
The People of the State of New York, Respondent, v. Melvin Streeter, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 22, 1979
February 22, 1979
Appellate Division of the Supreme Court of the State of New York, First Department.
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