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PEOPLE v. DABNEY

52 N.Y.2d 974 (1981)

The People of the State of New York, Respondent, v. Gary Dabney, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1981.

Attorney(s) appearing for the Case

Michael F. Schwartz for appellant.

Eugene Gold, District Attorney (Marlene L. Malamy of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

As the People candidly concede, it was error for the trial court to refuse to admit the redacted portion of the hospital record which indicated an absence of any scratches on complainant's neck and to allow testimony by the Y.M.C.A. supervisor concerning defendant's practice of karate...

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