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PEOPLE v. ROSARIO

139 A.D.2d 680 (1988)

The People of the State of New York, Respondent, v. Edwin Rosario, Appellant

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

April 18, 1988

Ordered that the judgment is affirmed.

The principal defense offered at trial was that the defendant borrowed rather than stole the complainant's car. The court prohibited the defendant's mother from testifying that there was an emergency at her home. This proffered testimony was collateral since it would not have been probative of whether or not the defendant stole the complainant's vehicle (see, People v Yazum, 13 N.Y.2d 302

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