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PEOPLE v. CLARK

74 A.D.2d 581 (1980)

The People of the State of New York, Respondent, v. John Clark, Appellant

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

February 4, 1980

Judgment affirmed.

The introduction of impeachment evidence that, at the time of defendant's arrest, he failed to relate to the arresting officer the exculpatory version of events to which he testified at trial, was error (see Doyle v Ohio, 426 U.S. 610). However, in light of the overwhelming evidence of defendant's guilt, defense counsel's failure to make timely objections, and the court's curative instructions given both after...

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