PEOPLE v. HUNTER


127 A.D.2d 696 (1987)

The People of the State of New York, Respondent, v. James Hunter, Appellant

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

February 9, 1987


Ordered that the judgment is affirmed.

At bar, the defendant testified that he had never seen the gun before the day in question. Therefore, he opened the door to the prosecutor's question concerning his alleged prior possession of the weapon. Moreover, given the limited scope of the question, the defendant's response in the negative and the trial court's instruction to the jury not to consider questions as evidence, it was not error to allow it on rebuttal.

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