PEOPLE v. SCARPELLI


137 A.D.2d 566 (1988)

The People of the State of New York, Respondent, v. Charles Scarpelli, Appellant

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

February 1, 1988


Ordered that the judgment is affirmed.

Contrary to the defendant's claim, the People's effort to impeach the credibility of his mother, an alibi witness, regarding her failure to come forward to law enforcement officials with the exculpatory information to which she testified at trial was proper. The prosecutrix's inquiry was conducted in good faith after a bench conference during which defense counsel disclosed that he did not formally advise any potential alibi...

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