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PEOPLE v. CUTANDA

184 A.D.2d 201 (1992)

The People of the State of New York, Respondent, v. Julio Cutanda, Appellant

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

June 2, 1992

The trial court erred in precluding defendant from eliciting any testimony regarding Carmen Soto's statements to him since the testimony was offered merely to suggest that defendant did not know the car was stolen (Richardson, Evidence §§ 203, 205 [Prince 10th ed]; People v Ricco, 56 N.Y.2d 320). However, the error was harmless since the substance of such statements was in any event presented to the jury, and the evidence...

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