PEOPLE v. CLARK


132 A.D.2d 704 (1987)

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

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

July 27, 1987


Ordered that the judgment is affirmed.

The record reveals that the trial court went to great lengths to ensure that the defendant received a fair trial. Before trial, the prosecutor made a motion in limine for permission to introduce evidence, in order to establish the operability of the weapon in question, that a person was shot when the defendant fired the weapon. No weapon was recovered in this case. Rather than permit evidence of the shooting with instructions...

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