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PEOPLE v. CASSIDY

115 A.D.2d 487 (1985)

The People of the State of New York, Respondent, v. Richard Cassidy, Appellant

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

December 2, 1985

Judgment affirmed.

The court did not err in denying defendant's request to allow the jury to view the defendant's car. The defendant could not satisfy the threshold prerequisite that such a viewing would be helpful in the determination of a "material factual issue" (CPL 270.50 [1]; People v McCurdy, 86 A.D.2d 493). Therefore, no abuse of discretion occurred.

Proof of the commission of crimes which indicates a voluntary...

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