PEOPLE v. SMITH


172 A.D.2d 277 (1991)

The People of the State of New York, Respondent, v. John Smith, Appellant

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

April 11, 1991


Defendant and his accomplice were convicted of robbing a livery driver at gunpoint. Defendant testified that he was innocent, that he had somehow wrested the gun from complainant after a fare dispute, and that he was planning to surrender the gun to the police when he was arrested. During cross-examination, the prosecutor asked defendant whether he had ever told the police that it was he who had been the victim of a crime, to which defendant responded that he told them that...

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