PEOPLE v. MONTERO


192 A.D.2d 420 (1993)

596 N.Y.S.2d 396

The People of the State of New York, Respondent, v. Hector Montero, Appellant

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

April 20, 1993


During cross-examination of defendant's witness, his Legal Aid attorney who represented him at arraignment, it was appropriate for the prosecutor to inquire into the witness' ability to observe and recall defendant's physical appearance, as well as the witness' methods of recording such, and to elicit the fact that the witness had no way of knowing whether the defendant had worn a particular item of clothing when he was arrested 48 hours previously.

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