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PEOPLE v. SMITH

113 A.D.2d 905 (1985)

The People of the State of New York, Respondent, v. Marvin Smith, Appellant

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

September 23, 1985

Judgment affirmed.

On this appeal the defendant contends, inter alia, that, pursuant to CPL 60.42, the trial court improperly limited defense counsel's inquiry into the complainant's alleged prior heterosexual conduct, and that this error was exacerbated by the denial of counsel's request for a sidebar conference to make an offer of proof. The complainant was an avowed lesbian who asserted that she never engaged...

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