PEOPLE v. BOONE


203 A.D.2d 892 (1994)

612 N.Y.S.2d 1015

The People of the State of New York, Respondent, v. Maurice J. Boone, Appellant

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

April 15, 1994


Judgment unanimously affirmed.

Memorandum:

The trial court properly refused to permit defendant's mother to testify concerning out-of-court declarations by the complainant. Defendant testified that he struggled with the complainant and that, during that struggle, he cut the complainant's throat with a knife. The critical issue was whether the injury was inflicted intentionally or accidentally. The proposed hearsay testimony would not have been relevant to...

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