PEOPLE v. BENTON


158 A.D.2d 987 (1990)

The People of the State of New York, Respondent, v. William Benton, Appellant

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

February 2, 1990


Judgment unanimously affirmed.

Memorandum:

County Court properly refused to admit into evidence a prior consistent statement of defendant after defendant's trial testimony had been attacked as a recent fabrication. A prior consistent statement of a witness whose testimony has been attacked as a recent fabrication can be admitted only when the prior statement was made at a time when there was no motive to falsify (People v Davis, 44...

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